Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19996 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Chandan Singh Son of Late Suresh Singh Resident of Mohalla - Satendra Singh Ke Gali Bihari Mill, P.S.- Ara Nawada, District - Bhojpur (Ara). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Ara Nawada P.S.Case 43 of 2017, registered for offences punishable under Sections 25 (1-b)A/26 of the Arms Act.

Allegation against the petitioner is about recovery of one country-made Pistol and one cartridge, however, it is submitted on behalf of the petitioner that he has no criminal antecedent and he has been falsely implicated in this case, which will appear from the fact that in the seizure list, even signature of the petitioner is not available and he is in custody for about 2 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of clean antecedent and as there is no compliance of Section 100 of the Cr.P.C. in the

Patna High Court Cr.Misc. No.19996 of 2017 (2) dt.05-05-2017 2/2 case, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur at Ara in connection with Ara Nawada P.S.Case No.43 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U