Jairam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29453 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -BELDAUR District- KHAGARIA ====================================================== Jairam Singh son of Biranchi Singh resident of village - Fulwaria, P.S. Gogari (Paura), District - Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Beldaur P.S. Case no. 49 of 2017 registered under Sections 353 and 307/34 of the Indian Penal Code and Section 25(1-B)A, 26, 27, 35 and 37 (a)(c) of the Bihar Prohibition and Excise Act. The accusation is that in course of checking of illegal transportation of liquor, on 09.03.2017, the informant and other Police officials reached at Balaitha Dumari village then two persons were seen moving in fast speed having rifle in their hands. The Police personal asked them to surrender, but they started fleeing and firing by the rifle, but on chase one of the miscreants apprehended, who disclosed his name as Dipak Sahni and he was in drunken state of mind and one loaded rifle was recovered from his possession. The

Patna High Court Cr.Misc. No.29453 of 2017 (5) dt.21-11-2017 2/2 apprehended person also disclosed the name of Jairam Singh (Petitioner) as his associate.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended on the spot rather his name has been disclosed by co-accused Dipak Sahani in his confessional statement. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-III-cum-Special (Excise), Khagaria in connection with Beldaur P.S. Case No. 49 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T