Patna High CourtCR. MISC./38838/2020allowed

Atul Singh Alias Atul Kumar Alias Sittu v. The State Of Bihar

2021-02-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38838 of 2020 Arising Out of PS. Case No.-271 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Atul Singh alias Atul Kumar alias Sittu, aged about 30 years, Gender-Male, Son of Satendra Singh alias Satyendra Singh, Resident of Village Dubhal P.S. M M C H District Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-02-2021 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Magadh Medical P.S. Case No. 271 of 2019 for the offence under Sections 25(1-b)a and 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. Learned senior counsel for the petitioner submits that in the instant case, double-barrel pistol, 16 cartridges, 5 ml. foreign liquor, glass, two swords and knife were seized from the garage of the petitioner. Learned counsel submits that the petitioner used to reside on the first floor of his house whereas

Patna High Court CR. MISC. No.38838 of 2020(2) dt.10-02-2021 2/2 seizure was made from the garage. Petitioner is in custody since 28.08.2020.

Considering the fact that seizure was not made from conscious possession of the petitioner but from his garage and he has remained in custody for about five and half months, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in connection with Magadh Medical P.S. Case No. 271 of 2019.

(Anil Kumar Upadhyay, J) BT/- U T