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Patna High Court – Orders
Santosh Kumar Singh vs The State Of Bihar on 13 October, 2011
                                    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.
                   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


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.)

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