Ram Swarup Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1696 of 2021 Arising Out of PS. Case No.-33 Year-2014 Thana- MEHANDIA District- Jehanabad ====================================================== RAM SWARUP SINGH S/o GANAURI SINGH Resident of Village - Shikandarpur Dhewai, P.S. - Mehandia, District - Arbal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Mehandia P.S. Case No. 33 of 2014 corresponding to Sessions Trial No. 100 of 2020, registered for the offence punishable under Sections 25(1-B)/26/35 of the Arms Act and section 4/5 of the Explosive Substance Act.

As per the prosecution case, one double barrel gun along with 33 live cartridge and one Grenade was recovered from the house of this petitioner.

It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner.

Patna High Court CR. MISC. No.1696 of 2021(4) dt.09-06-2021 2/2 The house in question is in joint possession of family. Petitioner is a retired Army personnel and has got valid license of the gun. Petitioner is in custody since 28.08.2020. Chargesheet has already been submitted.

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 Additional Sessions Judge V, Jehanabad in connection with Mehandia P.S. Case No. 33 of 2014 corresponding to Sessions Trial No. 100 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T