Ajay Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51358 of 2015 ====================================================== Kamlesh, S/O Ram Prahalad, Resident of village- Budha, P.S.- NarayanGanj, Distt- Mandsor (M.P) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51869 of 2015 Arising Out of PS.Case No. -116 Year- 2015 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Ajay Pratap Singh S/o Kartar Singh, Resident of Village- Tiryani, P.S.- Shirsaganj, Distt- Firozabad (U.P.) .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.51358 of 2015) For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Uday Pratap Singh (App) (In Cr.Misc. No.51869 of 2015) For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners of both the applications are accused in connection with Naya Ramnagar P.S. Case No. 116 of 2015 registered under Sections 25 (1-B), 25(1-AA)/26(i)(ii)/35 of the Arms Act. Therefore, both applications are being heard together and disposed of by this order.

The accusation is that in course of raid of Indigo Car, petitioners Kamlesh, Ajay Pratap Singh and co-accused Sandip

Patna High Court Cr.Misc. No.51358 of 2015 (3) dt.18-12-2015 2/2 Kumar Singh were found sitting in the Car. On search, Sandip Kumar Singh was found in possession of one country made pistol and he also disclosed about keeping two other country made pistols in the vehicle, on which basis, after opening the gate, two pistols and two magazines were recovered.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. itself that there is no recovery of arms and ammunitions from the conscious possession of the petitioners. It is also submitted that country made pistol was recovered from the conscious possession of coaccused Sandip Kumar Singh. It is further submitted that petitioners have no criminal antecedent and are in custody since 22.07.2015.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Munger in connection with Naya Ramnagar P.S. Case No. 116 of 2015.

(Rajendra Kumar Mishra, J) Shail/- U T