Sukkan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50064 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -DANDARI District- BEGUSARAI ====================================================== Sukkan Singh, son of Jaddu Singh, resident of village-Katarmala, P.S. Dandari, District-Begusarai.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : Mr. Sri Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.
Petitioner is languishing in custody since 26.05.2016 in connection with Dandari P.S.Case No.29 of 2016 registered for offence registered under Sections 25(1-B)A/26 of the Arms Act. The prosecution case is that the police Sub-Inspector, namely, Mirtunjay Kumar, SHO, Dandari gave his self statement stating therein that on 25.05.2016 he got confidential information that renowned criminal Sukan Singh is sitting in godown. When the informant with police party reached the place of occurrence, one person having seen police jeep wanted to escape but not succeeded and apprehended by the police party. On query he disclosed his name as Sukan Singh. The search was made accordingly. On search one loaded pistol and one cartridge have
Patna High Court Cr.Misc. No.50064 of 2016 (2) dt.22-11-2016 2/3 been recovered from his possession. The seizure list was prepared. It has been submitted by learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that no overt-act has been committed by the petitioner.
However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. From perusal of materials on record, does not reveal that the petitioner's liberty on bail would adversely effect his trial. The above named petitioner is hereby enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subhas Uraw, learned ACJMIII, Begusarai in connection with Dandari P.S.Case No.29 of 2016. It is further made clear that since the petitioner is involved in three more cases one of a similar nature this direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.
In terms of the above observations and directions, this
Patna High Court Cr.Misc. No.50064 of 2016 (2) dt.22-11-2016 3/3 bail application stands allowed.
(Nilu Agrawal, J) B.Kr./- U T