Patna High CourtCR. MISC./1648/2024bail rejected

Mantu Singh v. The State Of Bihar

2024-02-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1648 of 2024 Arising Out of PS. Case No.-91 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Mantu Singh S/O NIRMAL SINGH VILLAGE- CHIRAILI, PS. CHAURI, DIST. BHOJPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Chauri P.S. Case No. 91 of 2023, dated 16.09.2023 for the offenses punishable under Sections 25(1b)A, 26 of the Arms Act

4. As per the prosecution case, a country made rifle of 3.15 bore was recovered from the house of the Mantu Singh (petitioner).

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.1648 of 2024(2) dt.17-02-2024 2/2 this case. The Petitioner has no criminal antecedent stated in para 3 of the bail petition. No incriminating material has been recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner.

6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the rifle was recovered from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the recovery from the conscious possession of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the court below concerned within a period of six weeks from today and pray for regular bail and the learned Court may consider the prayer for regular bail of the petitioner in accordance with law and of its own merits on the same day without being prejudiced by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Ranjeet/- U T