Cigrette Singh @ Awanish Kumar @ Avanish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53113 of 2021 Arising Out of PS. Case No.-345 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Cigrette Singh @ Awanish Kumar @ Avanish Raj S/o Kunj Bihari Thakur R/o village- Areraj Khajuriya, P.S.- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2021 Heard both parties.

The petitioner seeks bail in Chakia P.S. Case No. 345 of 2017, registered for the offence punishable under Section 120(b) of the Indian Penal Code and sections 25(1-b)a, 26 of the Arms Act.

As per the prosecution case, on secret information that notorious criminal Kunal Singh and his associates have assembled near Rural Works Department Office, Barmadia Gumti to commit crime, a raid was conducted and Kunal Singh was apprehended who disclosed that on the instruction of accused Tunna Singh, Rahul Singh and Vikash Singh who were in jail he came there to kill one engineer. He further stated that he came on motorcycle with one Suman Saurabh and petitioner who fled away seeing the police party. From possession of

Patna High Court CR. MISC. No.53113 of 2021(2) dt.01-12-2021 2/2 Kunal Singh one pistol and seven pellets were recovered. It is submitted on behalf of the petitioner that no arms and ammunition has been recovered from possession of this petitioner. Petitioner has been made accused in this case on the basis of confessional statement of accused person who was apprehended on the spot. Co-accused Kunal Singh and Vikash Singh have been granted bail by this Court vide order dated 13.03.2019 passed in Cr. Misc. No. 80439 and 16.11.2019 passed in Cr. Misc. No. 44538 of 2019. Petitioner has been remanded in this case on 22.12.2020 and since then he is in jail. It is submitted that in para 3 of the petition, it is stated that petitioner is accused in eight more cases and in all those cases he is on bail.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be 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 the learned Judicial Magistrate Ist Class, Motihari East Champaran in connection with Chakia P.S. Case No. 345 of 2017. (Prabhat Kumar Singh, J) vinita/- U T