Dilip Singh @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69478 of 2018 Arising Out of PS. Case No.-314 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== Dilip Singh @ Dilip Kumar Son of Ram Pravesh Singh, resident of VillageGhordiha, P.S. Kargahar, District- Rohtas. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. D.K. Sinha, Sr. Advocate Mr. Abhinay Raj, Advocate For the Opposite Party :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 25(1-b)a and 26 of the Arms Act registered in connection with Kargahar P.S. Case No. 314 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of a gun from the shed of his poultry farm. It is further submitted that the fact of recovery itself is doubtful inasmuch as the seizure list has not been signed by any member of the family of the petitioner. The petitioner is on bail in respect of other case of different nature in which he has been made accused.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Kargahar P.S. Case No. 314 of 2018, subject to the conditions as laid

Patna High Court Cr.Misc. No.69478 of 2018(3) dt.18-01-2019 2/2 down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/Chandran U T