Rashpal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.666 of 2023 Arising Out of PS. Case No.-622 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== RASHPAL SINGH SON OF NANDLAL SINGH R/O SABJI MANDI (MAJITHA), P.S.- MOJITHA, DISTRICT- AMRITSAR (PUNJAB), PRESENTLY R/O ALWA COLONY, P.S.- PHULWARI SHARIF, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhoy Kumar Kashyap For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 414 and 120B of the Indian Penal Code and Section 25 (1-b)a, 26, 30 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.06.2022 and is a person with clean antecedent.

The informant alleges that while he along with his other police personnel were on duty for conducting raid and when they reached near Isopur Canal Bridge, they saw a white

Patna High Court CR. MISC. No.666 of 2023(2) dt.29-04-2023 2/3 colour Fortuner bearing Registration No. BR01EX7777 parked, in which three persons were sitting wearing black colour commando dress having double barrel gun. It is next alleged that they disclosed their names as Raspal Singh (petitioner), Ranjit Singh and Mohammad Asif and the person who was in possession of the gun could not produce any valid paper, it is next alleged that from the vehicle four Walkies-talkie, one folding stick, one dagger and double barrel gun were recovered. The learned counsel submits that petitioner has been falsely implicated in the present case. It is next submitted that it was the petitioner who was found with double barrel gun but he was not able to produce the license with respect to the weapon when the recovery was made, it is further submitted that it is a licensed weapon as would be evident from Annexure-2 to the bail application. It is next submitted that petitioner is bodyguard of Md. Asif who has been granted bail by order dated 08.02.2023 in Cr. Misc. No. 47658 of 2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.666 of 2023(2) dt.29-04-2023 3/3 Ten 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 Phulwari Sharif P.S. Case No. 622 of 2022.

(Satyavrat Verma, J) Adnan/- U T