Kedar Nath Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.44606 of 2018 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44606 of 2018 Arising Out of PS.Case No. -199 Year- 2018 Thana -DUMRAUN District- BUXAR ======================================================

1. Kedar Nath Singh, Son of Sidhnath Singh,

2. Nandjee Singh, Son of Sidhnath Singh, Both resident of Village- Nandan, P.S.- Dumraon, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 26.05.2018 in connection with Dumraon P.S. Case No. 199 of 2018 for the offence registered under Sections 147, 148, 149, 447, 326 and 307/34 of the Indian Penal Code and Section 27, 25 (1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the entire allegation against the petitioner has originated out of intra-village rivalry and no particular offence has been attributed to the petitioner. It is further submitted that though it has been stated that one Nalkatua rifle and one country-made pistol were recovered from the possession of the petitioner no. 1 and that some further

Patna High Court Cr.Misc. No.44606 of 2018 (2) dt.10-08-2018 arms were available to petitioner no. 2, the seizure list was prepared but the said recovery has not been made from the conscious possession of the petitioners and are in fact implanted by the concerned officers.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 199 of 2018 corespondent to G.R. No. 1644 of 2018. (Anjana Mishra, J) Jagdish/- U T