Ajay Kumar Singh @ Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74156 of 2019 Arising Out of PS. Case No.-102 Year-2010 Thana- BANKA District- Banka ====================================================== AJAY KUMAR SINGH @ AJAY SINGH, aged about 40 years, Gender-Male, Son of Late Kuldeep Prasad Singh @ Kuldeep Narain Singh, Resident of Village - Akkakura, P.S.- Chandan, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Subhash Kumar Jha, Advocate.

For the Opposite Party :

Mr.Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402 of the IPC, 25(1-b)a, 26 and 35 of the Arms Act and 3⁄4 of Explosive Substances Act. The prosecution story, in brief, is that on 18.03.2010 on secret information, the police arrested four persons and two persons fled away from the place of occurrence. The police also recovered one country made loaded pistol, cartridges, live bombs, illicit liquor and other objectionable things from their possession. On enquiry, arrested persons disclosed the name of this petitioner and one other accused person. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.74156 of 2019(2) dt.27-11-2019 2/2 petitioner that the petitioner is languishing in custody since 29.08.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner was not apprehended on the spot. There is no recovery of arms from possession of the petitioner. Arms are alleged to have been recovered from possession of other accused persons.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Banka, in connection with Banka (Barahat) P.S. Case No. 102 of 2010, corresponding to Registration No. 12024 of 2015. (Sudhir Singh, J) U.K./- U T