Bambam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64700 of 2021 Arising Out of PS. Case No.-422 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Bambam Singh, aged about 38 years, male, Son of Girdhar Singh Resident of Village - Khamhar, P.S. - Mufassil, District-Begusarai. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vinay Ranjan, Adv.

For the State :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Town PS Case No. 422 of 2021, instituted for the offence punishable under Sections 147,148,149, 427 of the Indian Penal Code and Sections 25(1-b)a, 26(ii) and 27 of the Arms Act.

On information regarding indiscriminate firing to terrorize the locality, the police have rushed to the spot from where they have apprehended some fleeing culprits who have disclosed that their accomplices are sitting in the house of one

Patna High Court CR. MISC. No.64700 of 2021(2) dt.31-05-2022 2/3 Kundan Kumar. The petitioner, in the circumstances, has been arrested from the house of Kundan Kumar and there is alleged recovery of country made pistol and six cartridges from the shed of the house.

It is submitted by the petitioner's counsel that being present at the time of raid in the house of of Kundan Kumar, the petitioner, who bears a clean antecedents, has become a victim of the circumstance and has remained in custody since 07-07-2021. Even as per prosecution case, there is no recovery from the petitioner's possession.

The learned APP representing the State has opposed the prayer for bail.

Having regard to the aforesaid submission of the parties, clean antecedent of the petitioner, and the fact that the prosecution does not allege any recovery from the petitioner's possession viewed with the custody in the background, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-( Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Begusarai, in connection with

Patna High Court CR. MISC. No.64700 of 2021(2) dt.31-05-2022 3/3 Town PS Case No. 422 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T