Ram Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7813 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -AMNAUR District- SARAN ====================================================== Ram Babu Singh S/o Prithwi Nath Singh, R/o Village- Madarpur, P.S.- Bheldi, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, one loaded pistol and 16 live cartridges are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. There is no

Patna High Court Cr.Misc. No.7813 of 2018 (3) dt.20-06-2018 2/2 independent witness of the seizure list and thus there is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent. He has been languishing in custody since 01.04.2017. Earlier bail petition of the petitioner was rejected by this court vide order dated 21.08.2017 with direction to the learned lower court to conclude the trial as expeditiously as possible within nine months and subsequently status report was called for from the court concerned. As per the report of 11th Addl. Sessions Judge, Saran at Chapra dated 06.03.2018, charge in the case has been framed and case is pending for prosecution evidence and no witness has yet been examined by the prosecution. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-5th, Saran at Chapra in connection with Amnaur P.S. Case No. 53 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T