Ramsevak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56394 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Ramsevak Singh Son of Late Mahavir Singh Resident of Village-Rampur, P.S.-Suryagarha, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, 27 of the Arms Act and Sections 16, 17, 18, 20, 23 of the Unlawful Activities Prevention Act. .

The prosecution case in short is that on the tip off, the informant with other police personnel proceeded to the place of occurrence where miscreants in huge number started indiscriminate firing. The police party, in retaliation, also fired but the miscreants taking the benefit of forest and bush, fled away. In huge quantity, arms and ammunition as well as different articles were recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.56394 of 2019(2) dt.05-09-2019 2/2 of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 11-07-2019. The name of the petitioner has transpired in this case merely on the basis of his self-confession made before the police. There is no allegation of assault alleged against him. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Lakhisarai in connection with Kajra P.S. Case No. 61 of 2018.

(Sudhir Singh, J) A.K.V.//- U T