Vinay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54668 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== VINAY SINGH Son of Late Uchit Singh Resident of Village - Sihma , Panch Khut, P.s.- Matihani, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Matihani P.S. Case No.53 of 2020 registered for the offences punishable under Sections 414, 120(B) of the Indian Penal Code and Sections 25(1-AA), 25(1-A), 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution, the police personnel raided the alleged place and recovered an insas rifle loaded with twenty live cartridges and other ammunition were also recovered. The main submissions advanced by the learned counsel Mr. Abhay Kumar Jha for the petitioner are that the petitioner is 65 years old and a co-accused namely Golu Kumar @ Ritesh Kumar who told the police about the presence of fire-

Patna High Court CR. MISC. No.54668 of 2022(4) dt.24-02-2023 2/2 arm at the petitioner's husk house has been granted bail by a Co-ordinate Bench of this Court vide order passed in Cr. Misc. No.45986 of 2021 and petitioner has fair and clean antecedent and has been languishing in jail since 24.06.2022 and the seizure list of the alleged recovery of weapon was prepared in the absence of independent witnesses of the locality. Learned APP Mr. Vinod Shanker Modi appearing for the State has opposed the bail prayer.

Having considered the recovery of prohibited fire-arm from a husk house which is stated to be in the possession and ownership of this petitioner, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected.

Petitioner may renew his bail prayer after six months, if any progress in his trial is not made by the trial Court. (Shailendra Singh, J) sangam/- U T