Baban Singh @ Rajiv Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63794 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== BABAN SINGH @ RAJIV RANJAN SINGH Son of Ramashish Singh Resident of Village - Kabari Bigha, P.S.- M.U., Dist.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Magadh University P.S. Case No. 82 of 2021, for the offence punishable under Section 25(1-b)a, 26, 35 and 27 of the Arms Act.

The prosecution case, in brief, is that informant got information that the petitioner had resorted to firing in the village. The informant along with other Police personnel reached at the place of occurrence and apprehended the petitioner. On search, one country made Katta along with one cartridge was recovered from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.63794 of 2021(2) dt.29-04-2022 2/3 submits that the alleged recovery, which has been shown in the seizure-list is not in accordance with law. Nothing has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent, however, to that extent the said fact is missing in paragraph No.3 of the bail application. The petitioner is in custody since 25.06.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Having considered the period of custody undergone by the petitioner and the allegation made against the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Magadh University P.S. Case No. 82 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.63794 of 2021(2) dt.29-04-2022 3/3

(3) 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T