Bua Singh @ Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79392 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== Bua Singh @ Harendra Singh, Son of Shiv Janam Singh, Resident of Village - Ishwarpura, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Pandey, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 28.08.2019 in connection with Shahpur P.S. Case No.229 of 2019 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the alleged recoveries were not from the conscious possession of the petitioner and have been saddled on his shoulders. The seizure list was prepared in utter contravention of law. Learned counsel for the petitioner further submits that though the petitioner was involved in several criminal cases, he has been extended the privilege of bail.

However, considering the entire facts and

Patna High Court CR. MISC. No.79392 of 2019(2) dt.04-12-2019 2/3 circumstances of the case and also that the alleged recoveries from the house of the petitioner were not to his knowledge, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Shahpur P.S. Case No.229 of 2019, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and

Patna High Court CR. MISC. No.79392 of 2019(2) dt.04-12-2019 3/3 when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) PNM U T