Ashok Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57582 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- DEV District- Aurangabad ====================================================== Ashok Kumar Singh, Son of Sri Akhileshwar Singh, R/v- Dattubigha, P.S.- Deo, Distt.- Aurangabad, permanent resident of village- Chiraila, P.S.- Barun, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-08-2024 Heard Mr. Vijay Kumar Sinha, learned Advocate for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Deo P.S. Case No. 120 of 2024 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.
3. Based upon the written report, the prosecution alleges that the informant on an information that the petitioner was carrying country made pistol in his hand, raided the house of the petitioner. Search was conducted in the house of the petitioner, however, nothing incriminating has been recovered. Subsequent thereto, the police recovered a country made pistol along with two cartridges from the dickey of the motorcycle, bearing registration no. BR26V-2848.
Patna High Court CR. MISC. No.57582 of 2024(2) dt.21-08-2024 2/3
4. Learned Advocate for the petitioner contended that false implication of the petitioner is writ large for the simple reason that the alleged recovery has been made from the dickey of the motorcycle of the petitioner, however, neither the copy of the seizure list has been handed over to the petitioner nor any family members has been made the witness to the seizure list. The witnesses to the search and seizure is non-else, but the police personnel, which also smacks malafide. He next contended that after keeping the arms in dickey, the police were called by the neighbours with whom the petitioner and his family members have long standing enmity. In support of the aforesaid contention, the copy of the F.I.R. as well as plaint of T.S. No. 2 of 2021 have been brought on record by way of Annexures- 4 and 5 to this application. It is next contended that the petitioner is a man of fair antecedent and now he is in custody since 24.05.2024.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the recovery has been made from the dickey of the motorcycle, coupled with the fair antecedent of the petitioner and the fact that the crime,
Patna High Court CR. MISC. No.57582 of 2024(2) dt.21-08-2024 3/3 in question, is triable by a Magistrate, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Aurangabad in connection with Deo P.S. Case No. 120 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) uday/- U T