Sujit Kumar @ Arjun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35324 of 2018 ====================================================== Sujit Kumar @ Arjun Kumar Singh son of Gaya Singh, resident of VillageDhanpura, P.S. Piro, District- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and 37(b) of the Bihar Prohibition and Excise Act, 2016.
Petitioner and one other accused person are said to have been brandishing fire arms at the bus stand and on chase petitioner was apprehended and one country made pistol was recovered from his possession while other co-accused namely Chandan Chaudhary managed to escape.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. No
Patna High Court Cr.Misc. No.35324 of 2018 (2) dt.28-06-2018 2/2 incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. Seized fire arm without cartridge is of no use. He has no criminal antecedent. He has been languishing in custody since 31.03.2018.
Considering the facts aforesaid, the above named petitioner 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 Special Judge, Excise cum A.D.J.-VI, Bhojpur at Ara in connection with Excise Case No. 573 of 2018 arising out of Piro P.S. Case No. 100 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T