Shivam Kumar @ Bhola Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63780 of 2024 Arising Out of PS. Case No.-497 Year-2024 Thana- SONEPUR District- Saran ====================================================== Shivam Kumar @ Bhola Singh Son of Birendra Singh Resident of village - Kakrahat, P.S.- Derni, District - Saran (Chapra). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Atul Kumar For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard the parties.
2. The petitioner seeks bail in connection with Sonpur P.S. Case No. 497 of 2024 registered for the offence under Sections 26(I-b), 26, 35 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 16.06.2024.
4. The allegation against the petitioner is having in possession of one country-made pistol and two live cartridges along with other co-accused persons.
5. Learned counsel appearing on behalf of the petitioner submitted that the recovery of country-made pistol was made from the possessions of co-accused,
Patna High Court CR. MISC. No.63780 of 2024(2) dt.11-09-2024 2/3 namely, Sahzad Alam, and on the basis of his disclosure only, petitioner was implicated with present case. It is submitted that admittedly no fire arms as alleged was recovered from the physical possession of this petitioner. It is also submitted that seizure list appears disputed as same is not supported by independent witness rather by police personnels. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where is in on bail, and moreover, investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid facts and submission as alleged fire arms prima-facie not appears to be recovered from conscious physical possession of this petitioner, coupled with fact that investigation has already been completed, where petitioner is in custody since 16.06.2024 ,accordingly, petitioner above named,
Patna High Court CR. MISC. No.63780 of 2024(2) dt.11-09-2024 3/3 is directed to be released on bail in connection with Sonpur P.S. Case No. 497 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge 16th, Saran(Chapra)/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T