Antu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87010 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== ANTU KUMAR SINGH Son of Nagendra Singh Resident of Parauli, P.SBasantpur, District-Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Chaturvedi For the Opposite Party/s :
Mr.Ajay Kumar Jha Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-05-2020 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Sidhwalia P.S. Case No. 190 of 2019, registered for the offence punishable under Section 399, 402, 413, 414 of the Indian Penal Code read with Section 25 (1)-(B) A, 26 (1)(2) 35 of the Arms Act and Section 8(C), (B) (II) (B) of the NDPS Act. The case of the prosecution as per the self-statement of the Sub-Inspector of Police, Sri Suman Kumar Mishra, Sidhwalia Police Station is that on 15.10.2019 at about 20.05 hours in the evening, he received a secret information that some miscreants had assembled towards south of NH-28 and were planning to commit some crime, whereafter the SHO,
Patna High Court CR. MISC. No.87010 of 2019(3) dt.27-05-2020 2/3 Baikunthpur, SHO, Mohamadpur and SHO, Barauli had arrived at Barahima chowk where the informant was also present and thereafter, they had proceeded towards parking field of Barahima and upon noticing the police force, the accused persons standing there had tried to escape, however, four persons were apprehended including the petitioner herein and as far as the petitioner is concerned, four live cartridges and one dagger were recovered.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 16.10.2019.
Having regard to the facts and circumstances of the case, considering the fact that the petitioner is having a clean antecedent and he is languishing in custody since 16.10.2019, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of the learned CJM, Gopalganj in connection with Sidhwalia P.S. Case No. 190 of 2019.
It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two
Patna High Court CR. MISC. No.87010 of 2019(3) dt.27-05-2020 3/3 sureties of the like amount each, within a period of four weeks, to the satisfaction of learned CJM, Gopalganj in connection with Sidhwalia P.S. Case No. 190 of 2019., failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically.
The present petition stands allowed.
(Mohit Kumar Shah, J) Ajay/- U T