Sadanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86970 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

Sadanand Singh Son of Shiv Nandan Singh 2.

Bhushan Singh Son of Shridhari Singh 3.

Shambhu Singh Son of Laxmi Singh 4.

Deepak Kumar Son of Arvind Singh 5.

Mahesh Kumar Sah @ Mahesh Sah @ Mahesh Kumar Son of Batoran Sah No. 1 to 4 Resident of Village-Sonapur Bharath, Ward No. 9, and No. 5 of village Nayagaon Bagdov Punarvas, Ward No.6, All P.S.- Navkothi, District- Begusarai ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Dalsingsarai P.S. Case No. 186 of 2018 registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms

Patna High Court CR. MISC. No.86970 of 2019(2) dt.14-02-2020 2/3 Act.

One Sarvesh Kumar Singh was caught by the police and one country made pistol and live cartridges were recovered from his possession. The petitioners were also sitting in the same vehicle in which the FIR named accused Sarvesh Kumar Singh was found sitting. However, the present case was lodged only against apprehended accused Sarvesh Kumar Singh because the said apprehended accused admitted before the informant that petitioners were not aware about the firearm and cartridges which were being carried by him. It would appear from the impugned order as well as submission of learned counsel appearing for the petitioners that after one year of the alleged occurrence, the petitioners have been made accused in this case. Para 3 of the petition goes to show that petitioners do not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.86970 of 2019(2) dt.14-02-2020 3/3 learned Additional Chief Judicial Magistrate, 1st Dalsingsarai, Samastipur in Dalsingsarai P.S. Case No. 186 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T