Nihal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48955 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Nihal Kumar Singh S/o Sunil Kumar Singh R/o vill - Senduar, P.S. - Janta Bazar, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Panday, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 66 of 2024 instituted for the offences under Sections 399, 402, 414/34 of the Indian Penal Code and 25(1b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that police, on the basis of secret information that some miscreants were planning to commit dacoity, raided the place of occurrence and arrested the accused persons including this petitioner. On search, various arms and ammunitions were recovered from them.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.48955 of 2024(2) dt.24-07-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that no any arms/ammunitions has been recovered from the conscious possession of this petitioner, rather the same has been recovered from the other co-accused persons. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.04.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no recovery of any arms or ammunitions from the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar P.S. Case No. 66 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T