Akhilesh Singh @ Ako Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55723 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== AKHILESH SINGH @ AKO SINGH Son of Late Shyamdeo Singh Resident of village - Charaul, P.S. - Rupau, Distt. - Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Prasad For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a and 26 of the Arms Act.
3. As per prosecution case, there has been recovery of one country-made pistol and four live cartridges from the possession of other co-accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of apprehended co-accused Sunand Kumar @ Chhotu Singh. The petitioner has no concern with the
Patna High Court CR. MISC. No.55723 of 2023(2) dt.30-08-2023 2/2 alleged arms and cartridges, which were seized from other coaccused. No incriminating article has been recovered from the conscious possession of the petitioner. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. He is languishing in judicial custody since 03.04.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Kauwakol P.S. Case No. 109 of 2023.
(Sunil Kumar Panwar, J) arish/- U