Patna High CourtCR. MISC./63836/2024bail granted

Lavkush Singh v. The State Of Bihar

2024-11-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63836 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- Sinha District- Bhojpur ====================================================== Lavkush Singh S/o- Late Jagarnath Singh Resident of Village and P.S.- Sinha, District- Bhojpur Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sinha P.S. Case No. 27 of 2024, instituted for the offences punishable under Section 25(1-B)(a) and 26 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of two country made pistols along with two blank magazines from the possession and Gosala of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. No specific allegation has been alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.63836 of 2024(3) dt.18-11-2024 2/2 is in custody since 13.05.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sinha P.S. Case No. 27 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T