Baiju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73085 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== BAIJU SINGH S/o Lakshmi Singh R/o village- Surgahiya, P.S.- Parihar, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 27.07.2019 has filed the instant application for grant of bail in connection with Bathnaha P.S. Case No. 158 of 2019 (District Sitamarhi) registered for the offence punishable under sections 399, 414 and 402 of the Indian Penal Code and sections 25(1-b)(a),26 and 35 of the Arms Act.

As per the allegation in the FIR, a knife and loaded pistol was recovered from the possession of the accused Pappu Nayak alias Dharmendra and Chanchal Kumar alias Saurbh Thakur. So far as this petitioner is concerned, it is submitted that he was making an attempt to escape on a Apache motorcycle. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.73085 of 2019(2) dt.25-11-2019 2/2 that the motorcycle on which the petitioner is said to be riding is not a stolen motorcycle rather on an application, the same has been released in favour of its owner who is the resident of the same village as the petitioner. No recovery of any arms has been made from the petitioner's possession who is in custody since 27.07.2019 and has no criminal antecedent.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 158 of 2019 (District-Sitamarhi). (Partha Sarthy, J) Bibhash/- U T