Priyanshu Singh @ Priyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77556 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Priyanshu Singh @ Priyanshu Kumar Son of Brij Mohan Singh Resident of Village - Babhanganwan @ Babhangaon, P.S. - Nayagaon, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Allegedly, petitioner is said to be involved in smuggling of illegal weapons.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is a handicapped person and he cannot even walk properly. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Nothing has been recovered from his conscious possession. He has no concern either with the seized

Patna High Court CR. MISC. No.77556 of 2024(2) dt.19-11-2024 2/2 motorcycles or the place of recovery or any trade of illegal weapon. He was not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioner barring the confessional statements of the apprehended persons which have no evidentiary value in the eye of law. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the petitioner is a handicap and he has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dighwara P.S. Case No. 212 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T