Raju Singh @ Raju Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57499 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== RAJU SINGH @ RAJU KUMAR SINGH S/O SHRI UDAY PRATAP SINGH R/O VILLAGE- ANANDPUR KHARAUNI (BARA DAUD), PS. PARO, DIST. MUZAFFARPUR (BIHAR) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Gupta, Adv.
For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(ib)a/26 of the Arms Act, 1959.
3. As per the FIR, a rifle and four live cartridges were recovered from the house of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that the recovered rifle and
Patna High Court CR. MISC. No.57499 of 2023(4) dt.19-01-2024 2/3 cartridges belong to his relative Anup Kumar Singh and Anup Kumar Singh had valid license in respect of these recovered arms and ammunition, which is also evident from Annexure 2. He further submits that the concerned District Magistrate has also verified the same and found that those recovered arms and ammunition belongs to Anup Kumar. Petitioner has eleven criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail and submitted that there is serious allegation against the petitioner to keep a rifle in his house having without valid license and he has eleven criminal antecedents. Hence, it is not a fit case for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering the arguments of the parties, as the recovered rifle and live cartridges belong to Anup Kumar Singh and he had valid license regarding the same, the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.57499 of 2023(4) dt.19-01-2024 3/3 Paroo P.S. Case No. 235 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T