IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27716 of 2011
Santosh Kumar Singh, son of Sri Vijay Kumar Singh, resident of village -
Sirsi Barah, P.S. - Harnaut, District - Nalanda.
-------- Petitioner.
Versus
The State of Bihar -----Opposite Party
*******
04. 13.10.2011 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
The petitioner, apprehends his arrest in connection
with Harnaut (Telmar) P.S. Case No. 226/2010 for offences
under Sections 25(1-B)A, 26, 30 and 29 of Arms Act,
pending in the court of Chief Judicial Magistrate, Nalanda,
Biharsharif, is one of the named accused in this case.
Submission is that in fact petitioner being resident
of village Sirsi Barah is not required in this case not he has
any concerned with the relevant fire arm or license thereto
but the person named having similar parentage is resident of
village Soradin, P.S. – Telmar who was granted license, but
without any material petitioner is being chased and two of
the co-accused Ashok Kumar and Raj Kishore Prasad Singh
have already been granted privilege by this court vide order
dated 15.09.2011 passed in Cr. Misc. No. 21509/2011.
Learned Additional Public Prosecutor who is
armed with carbon copy of the case diary up to paragraph
116 dated 07.07.2011 earlier called for in connection with
Cr. Misc. No. 21509/2011 on the point of identity could not
indicate any specific material. Though investigation is
pending.
Considering the facts and circumstances of the
case, in the event of his arrest or surrender within a period of
four weeks, till conclusion of investigation/submission of
charge-sheet, let the above-named petitioner be enlarged on
bail on furnishing bail bond of sum of Rs. 10,000/- (ten
thousand only) with two sureties of the like amount each to
the satisfaction of Chief Judicial Magistrate, Nalanda,
Biharsharif, in connection with Harnaut (Telmar) P.S. Case
No. 226/2010, subject to condition under section 438(2) of
the Code of Criminal Procedure, and additional condition to
remain physically present before the court below till
submission of charge sheet and on the dates fixed and in the
event of failure on two consecutive dates, without any
reasonable explanation, the privilege granted shall be
deemed to be cancelled.
Rajeev/- ( Akhilesh Chandra, J.)
