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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88736 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Satyam Kumar Singh @ Satyam Kumar S/O Late Sita Ram Singh R/O Vill. Dangraha, P.S- Majorganj, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari, Adv For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sahiyara P.S. Case No. 125 of 2023 instituted for the offences punishable under Section 399 and 402 of the Indian Penal code and Section 25(1-a), 26, 26(2), 35 of the Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against seven named accused persons including the present petitioner against whom there is an allegation that all the accused persons were manufacturing arms at one of the accused person house namely Md. Nashrullah Ansari and were involved in sale and purchase of Arms. When police has conducted raid at the house of Md. Nashrullah Ansari many incriminating articles

Patna High Court CR. MISC. No.88736 of 2024(2) dt.18-01-2025 2/3 were recovered like one motorcycle bearing registration no. BR30AH 0177, one country made pistol, live cartridges, pilash, old grading machine etc and all the accused persons tried to flee but two of them have been apprehended.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that he has one criminal antecedent. He further submits that nothing incriminating material has been recovered from the conscious possession or residential house of the petitioner. Petitioner name has been figured by the confessional statement of the co-accused namely Raushan and Md. Nashrullah Ansari who were apprehended from the spot. Neither the petitioner was apprehended from the spot nor any one saw him fleeing away.

5. Learned App for the State opposes the prayer for bail of the petitioner and submits that petitioner name has been figured by the co-accused namely Raushan and Md. Nashrullah Ansari who were apprehended from spot which prove their involvement in the alleged crime.

6. From perusal of the F.I.R., impugned order dated 14.11.2024 and case diary, it is obvious that the witnesses has supported the prosecution as per the para 1, 8, 9, 10 and 11 of the case diary. The confessional statement of the co-accused

Patna High Court CR. MISC. No.88736 of 2024(2) dt.18-01-2025 3/3 Raushan Kumar Singh and Md. Nasirullah ansari is also mentioned in para 13 and para 14 of the case diary respectively who has confessed that petitioner was also involved in the purchase of illegal arms and was involved in several criminal activities. Moreover, petitioner has one criminal antecedent and investigation is still pending. So, considering all aspects of the matter and submissions made by both the parties, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the anticipatory bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U