Bachinttar Veer Singh @ Bachittar Veer Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28091 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Bachinttar Veer Singh @ Bachittar Veer Singh, Son of Sunder Pal Singh @ Surinder Pal Singh, Resident of Salempur Musalmana, Police Station - Police Division - 1, District - Jalandhar (Punjab). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar, Advocate. For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Special Case No. 08 of 2018 arising out of Chowk P.S. Case 28 of 2018 instituted for the offence under Section 27 of he N.D.P.S. Act, Section 25(1b)a, c, 26 and 35of the Arms Act. In the written report it is alleged that police on confidential information that four suspicious young Sikh persons including petitioner are staying in a room of Jouhari Niwas since 28.01.2018, reached at the place of occurrence and found one person trying to pick out revolver from his waist. He was trying to conceal it in the ditch of drainage made for passing water. Staff of Jouhari Niwas assembled there and in presence of two independent witnesses, the police personnel searched the room. It
Patna High Court Cr.Misc. No.28091 of 2018 (3) dt.22-05-2018 2/3 is alleged that on showing the place by apprehended Jaswinder Singh, one country made revolver (sixer) with revolving Chakari for six cartridges along with Playing Cards, filled intoxicant injection, 100 grams Ganja kept in Plastic, Departmental identity card of Jaswinder Singh and four empty bottle of Rekofdix Syrup were recovered. The informant interrogated the accused persons. They disclosed that they used to take intoxicant. They also disclosed that co-accused Roban Masih had taken injection of intoxicant.
In this manner from the allegation in the written report itself it appears that there is no recovery of any Ganja or fire-arm from possession of this petitioner.
Learned counsel for the petitioner has submitted that petitioner is in custody since 2.2.2018. There is no recovery from his conscious possession. It has further been submitted that coaccused Jaswinder Singh @ Shalu @ Jassi has already been granted bail by coordinate Bench of this Court vide order dated 27.04.2018 passed in Cr. Misc. 25529 of 2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like
Patna High Court Cr.Misc. No.28091 of 2018 (3) dt.22-05-2018 3/3 amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Patna, in connection with Special Case No. 8 of 2018 arising out of Chowk P.S. Case No. 28 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T