Deepak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74478 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Deepak Singh Son of Vinod Singh R/o Village- Piyariya PS -Gaurichak Distt -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Choudhary, Adv.
For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Gaurichak P.S. Case No. 311 of 2023 dated 26.05.2023 instituted for the offence punishable under Sections 120(B) of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.
3. The prosecution case in short is that on 26-05-2023 at about 10.15 AM, informant, namely, Krishna Kumar, who is SI-cum-officer-in-charge of Gaurichak PS got a tip off regarding manufacturing of illegal arms in the newly constructed house of Binod Singh. Thereafter, police party reached the place of occurrence and on identification, raided the house and seized half manufactured country made pistol and huge quantity of
2/4 tools, articles for manufacturing of illegal arms from the underground room of the said house and two persons were apprehended.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The petitioner was arrested in connection with another criminal case bearing Gaurichak P S Case No. 194 of 2023 dated 09-04-2023 and later on he was granted bail by the learned Court below itself on 13-07-2023 vide B.P. No. 499 of 2023. The present case has been lodged on 26-05-2023 when he was in Beur jail in connection with Gaurichak PS Case No. 194 of 2023. It is next submitted that the present case is totally a false and concocted case. It is submitted that only on the basis of his own confessional statement, he has been made accused in this case. Further, the other co-accused persons have been granted anticipatory bail by this Court vide orders dated 07-022024, 12-07-2024, 20-07-2024 and 13-09-2024 passed in Cr. Misc. Nos. 2835 of 2024, 11192 of 2024, 31632 of 2024 and 67341 of 2024 respectively (Annexure 3 series). Lastly, it has been submitted that the petitioner has five criminal case pending against him.
5. Learned A.P.P. has opposed the prayer for bail of
3/4 the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gaurichak P.S. Case No. 311 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs.
4/4 in that case, the prosecution will be at liberty to move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T