Shubham Singh @ Simpal Singh @ Shubham Pd. Singh @ Simple Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70311 of 2021 Arising Out of PS. Case No.-799 Year-2021 Thana- BANKA District- Banka ====================================================== SHUBHAM SINGH @ SIMPAL SINGH @ SHUBHAM PD. SINGH @ SIMPLE SINGH Son of Manoj Singh @ Manoj Kumar Singh Resident of Village- Kakwara, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Banka Police Station Case No. 799 of 2021, registered for the offences punishable under Sections 25 (1-b)a/26 of the Arms Act.

The prosecution case, as per the First Information Report, is that the police raided the house of the petitioner and recovered one musket from the same.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the fire arm has not been recovered from the conscious possession of the petitioner; rather the same has been recovered from the joint house of the petitioner, in which other

Patna High Court CR. MISC. No.70311 of 2021(2) dt.24-05-2022 2/2 family members also reside. He further submits that the petitioner is in custody since 06.10.2021, having no criminal antecedent of similar nature of offence, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the fire arm has been recovered from the joint house of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 06.10.2021, having no criminal antecedent of similar nature of offence, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka Police Station Case No. 799 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √