Suman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56149 of 2021 Arising Out of PS. Case No.-593 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

Suman Kumar Singh Son Of Ajay Kumar Singh R/O Village- Baruari East, Police Station And Dist.- Supaul 2.

Ajay Kumar Singh Son Of Pitamber Singh R/O Village- Baruari East, Police Station And Dist.- Supaul ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 25(1-b)A, 26 and 35 of the Arms Act. The prosecution allegation, in short, is that three country made pistols and four live cartridges are recovered. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. Arms along with cartridges are recovered from

Patna High Court CR. MISC. No.56149 of 2021(2) dt.22-12-2021 2/2 the joint house of the petitioners. The petitioners were not present at the time of occurrence. They had no knowledge regarding the alleged incidence. No incriminating articles are recovered from the possession of the petitioners. The petitioners have been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul (Lokha O.P.) P.S. Case No. 593 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T