Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63457 of 2021 Arising Out of PS. Case No.-165 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== SHIV SHANKAR SINGH Son of - Late Bal Kumar Singh Resident of Village - Bansipur, P.S. - Shambhuganj, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No. 165/2021, registered for the offence punishable under Sections 25(1-b)a/26 of the Arms Act.

The allegation is regarding the police force having apprehended the petitioner, while they were on night patrolling duty and upon search, a country made pistol was recovered from the possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.63457 of 2021(2) dt.04-04-2022 2/3 been falsely implicated in the present case and he is languishing in custody since 11.7.2021. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. Lastly, it is submitted that the petitioner has been sufficiently punished on account of the period of custody already undergone by him.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.63457 of 2021(2) dt.04-04-2022 3/3 two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with B.P.No. 718/2021 arising out of Shambhuganj P.S. Case No. 165/2021.

(Mohit Kumar Shah, J) Ajay/- U T