Gajendra Singh @ G. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51416 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -BUDDHACOLONY District- PATNA ====================================================== Gajendra Singh @ G. Singh S/o Yogendra Singh, R/o Kaituka Lachchi, P.O.- Amanpur, District- Chapra, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Budha Colony P.S. Case No. 52 of 2017 instituted for the offence under Sections 25(1-b)a, 35 and 30 of the Arms Act.
It is alleged by the informant that on confidential information of keeping illegal arms in the offices of Security Services, he along with other police officials raided the office of the SIS Cash Services Pvt. Ltd., Branch Office PL. No. CH05, Corner Hold Land Mark, behind Andhra Bank, Sri S.K. Nagar, Patna, where. he found 13 guns and 26 live cartridges. On enquiry being made from the Manager of the office, namely, Manish Kumar and Lalit Naryan Singh about keeping the said Arms, they neither produced any paper relating to Arms nor given any
Patna High Court Cr.Misc. No.51416 of 2017 (5) dt.15-01-2018 2/3 satisfactory reply. Thereafter, the aforesaid two accused persons namely, Manish Kumar Sinha and Shri Lalit Narayan Singh were arrested and aforesaid Arms were seized.
Learned counsel for the petitioner has submitted that he is not named in the written report. It is submitted that one of the guns seized from the office, belongs to the petitioner and he is a bona fide licensee of that gun, as would be evident from perusal of Annexure-2.
The other co-accused persons having similar allegation have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 20.07.2017 passed in Cr. Misc. 31977 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Budha Colony Case No. 52 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, learned Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property
Patna High Court Cr.Misc. No.51416 of 2017 (5) dt.15-01-2018 3/3 within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T