Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57030 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- SANGRAMPUR District- Munger ====================================================== RAMESH SINGH S/o Bindeshwari Singh R/o village- Joriapar, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2019 The petitioner apprehends his arrest in connection with Sangrampur P. S. Case No. 89 of 2019 registered under Sections 25(1-b)A of the Arms Act.

Allegation against the petitioner, as per FIR, is that petitioner along with one other person came on motorcycle and threatened the informant not to marry the girl of village Joripur with whom the informant was intending to marry otherwise he would be killed. It has further been alleged that brother of the informant and others arrived near the place of occurrence and upon seeing them, petitioner fled away leaving the motorcycle and his bag. It has further been alleged that the informant open the dickey of the motorcycle and found one country made pistol and documents of motorcycle, which was kept in a red cover envelop belonging to the petitioner. It has also been alleged that

Patna High Court CR. MISC. No.57030 of 2019(2) dt.09-09-2019 2/3 villagers captured one person namely Golu Kumar of village Joripur, who was handed over to the police along with country made pistol and motorcycle.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case with oblique motive inasmuch as nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that Golu Kumar, who was allegedly captured by the villagers of the informant, is co-villager of the petitioner and he had given motorcycle to Golu Kumar in good faith and was found present allegedly at the place of occurrence where the motorcycle was being parked. He submits that the informant and others made a concocted story and falsely implicated the petitioner in this case.

After having heard learned counsel for the parties and taking into consideration the fact that no illegal arm has been recovered from he conscious possession of the petitioner and one person who was handed over to the police i.e., Golu Kumar, is co-villager of the petitioner, as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks

Patna High Court CR. MISC. No.57030 of 2019(2) dt.09-09-2019 3/3 from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Munger in connection with Sangrampur P.S.Case No. 89 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T