Bittu Singh @ Bittu Kumar Singh @ Biddu Singh @ Biddu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67875 of 2021 Arising Out of PS. Case No.-253 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== BITTU SINGH @ BITTU KUMAR SINGH @ BIDDU SINGH @ BIDDU KUMAR SINGH S/o Late Radhe Singh @ Radheshyam Singh Resident of Village- Madhurapur Dakshin tola, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Section-414 of the Indian Penal Code and Sections-399, 402, 414 of the Indian Penal Code and Sections25(1-B)A, 26 of the Arms Act. Allegedly, one country-made pistol with three live cartridges is recovered in this case.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. Arms are said to have been

Patna High Court CR. MISC. No.67875 of 2021(2) dt.24-12-2021 2/2 recovered from front portion of house of the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of arms from conscious possession of the petitioner. There is no compliance of Section-100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 253 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T