Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36916 of 2018 Arising Out of PS. Case No.-294 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Sonu Singh, Son of Lal Mohan Singh, Resident of Village- Gopalpur, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 25(1-b)a and 26 of the Arms Act. The prosecution allegation, in short, is that on seeing the police, the accused persons started fleeing in which one of them apprehended and on search, a loaded country made pistol and three live cartridges were recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of confessional statement made by co-accused. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.36916 of 2018(3) dt.20-09-2018 2/2 of the petitioner in this case. There is no recovery of fire arms from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Motihari in connection with Madhuban P.S. Case No. 294 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U