Shrikant Singh @ Painter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43569 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Shrikant Singh @ Painter, S/o- Satrudhan Singh Village- Satjora, P.S.- Panapur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Natraj Verma, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Baikunthpur P.S. Case No. 273 of 2024 dated 18.08.2024 instituted for the offence punishable under Sections 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The prosecution case, in short, is that on the alleged date of occurrence, the informant along with his team apprehended two persons, namely, Rakesh Singh @ Munna Singh and Manjeet Kumar and from whose possession, one loaded pistol, five live cartridges and a motorcycle were recovered. On enquiry, they informed the police that the said pistol was bought from the petitioner.

Patna High Court CR. MISC. No.43569 of 2025(2) dt.16-07-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that only on the basis of the disclosure made by the apprehended persons, the petitioner has been made accused in this case. The petitioner has no concern with the said recovery. Nothing has been recovered either from the conscious possession of the petitioner or from his house. Lastly, it has been submitted that petitioner has three criminal cases against him.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Baikunthpur P.S. Case No. 273 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj subject to condition as laid down under Section 482(2) of the B.N.S.S., subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.43569 of 2025(2) dt.16-07-2025 3/3 bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) premchand/- U T