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Patna High CourtCR. MISC./86056/2023allowed

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

2024-01-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86056 of 2023 Arising Out of PS. Case No.-378 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Indrajeet Singh @ Indrajeet Kumar Singh Son Of Vidyasagar Singh Resident Of Village - Bakharpur, Tiwari Tola, P.S. - Pirpanty, District - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. P. K. Sinha, Advocate For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case in connection with Pirpainti (Bakharpur) P.S. Case No. 378/2023, registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per F.I.R., allegation against the petitioner that police has got a sacred information raiding the house of Sushil Yadav, Ramesh Pandey and Indrajeet Singh and raid was conducted on 24.10.2023 at the house of Sushil Yadav, a deshi rifle was recovered from the conscious possession of the Sushi Yadav and four cartridges were recovered from the conscious possession of Neelam Devi. No valid paper was shown by the

Patna High Court CR. MISC. No.86056 of 2023(2) dt.18-01-2024 2/3 accused persons and therefore proper seizure list was prepared. Police reached the house of Ramesh Pandey but no incriminating articles were found and then police reached at the house of Indrajeet Singh (petitioner). One person succeed in fleeing away from taking benefit of congested street. Local villagers had disclosed the name of the petitioner and police had recovered four cartridges from the bed of the Indrajeet Singh and proper seizure list was prepared.

4. Learned senior counsel for the petitioner submits that there is no compliance of Section 100 Cr.P.C. only on the suspicion and due to previous enmity villagers had given the name of the petitioner.

5. Learned APP for the State has opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case and also petitioner has no criminal antecedent and also there is no compliance of Section 100 Cr.P.C, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Pirpainti (Bakharpur) P.S.

Patna High Court CR. MISC. No.86056 of 2023(2) dt.18-01-2024 3/3 Case No. 378/2023, G.R. No. 6085/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T