Karu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62138 of 2021 Arising Out of PS. Case No.-524 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== KARU SINGH Son of Manoj Singh Resident of Village- Aure, P.S.- Ramgarh, Chowk, District- Lakhisarai.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Ms. Pravina Kumari For the Opposite Party :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Lakhisarai (Ramgarh Chowk) P.S. Case No. 524 of 2020, registered for the offence punishable under Sections 25(1-A) (1AA) (1-AC), 25(1-b)A, 26(1)(ii), 35 of the Arms Act. The petitioner is an accused in Lakhisarai (Ramgarh) P. S. Case No. 274 of 2020 for the offences punishable under Sections 323, 307 and 504 of the Indian Penal Code. During the course of investigation of the said case, allegedly, a police party had conducted a raid on the petitioner's house. The petitioner could not be found in the house. The house was searched, according to the prosecution's case, leading to recovery of certain illegal country made firearms, half
Patna High Court CR. MISC. No.62138 of 2021(2) dt.06-04-2022 2/3 manufactured firearms and certain articles, which could be used for manufacture of country made firearms.
Learned counsel appearing on behalf of the petitioner has submitted that it is evident from the First Information Report itself that at the time of the raid of the house, the petitioner was not present. The petitioner is in custody since 21.06.2021. Petitioner's father was apprehended by the police on the spot. Learned counsel for the petitioner has submitted that there is no independent witness of the seizure memo. The petitioner's father, Manoj Singh, has been allowed regular bail by this Court by an order dated 26.10.2021 passed in Cr. Misc. No. 23168 of 2021, she contends. Considering the fact that the petitioner is in custody since 21.06.2021 and the owner of the house, namely, Manoj Singh, has been allowed regular bail by this Court, this application is allowed.
Let the petitioner, above named, be released 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 C.J.M., Lakhisarai, in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 524 of 2020.
Considering, however, the fact that the petitioner
Patna High Court CR. MISC. No.62138 of 2021(2) dt.06-04-2022 3/3 has criminal antecedent, it is observed that if the petitioner is found indulging in commission of any offence in future, the prosecution shall be at liberty to apply for cancellation of bail granted by virtue of the present order.
(Chakradhari Sharan Singh, J) Pawan/- U T