Patna High Court
Tuntun Singh vs The State Of Bihar on 29 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30675 of 2020
Arising Out of PS Case No.-330 Year-2018 Thana- HARSIDHI District- East Champaran
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Tuntun Singh, aged about 22 years (M), Son of Late Maneger Singh, Resident
of Village - Harsidhi Bajar, P.S. - Harsidhi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Mr. Madan Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 29-01-2021
Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Madan Kumar, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. Learned counsel for the petitioner seeks permission to
correct the provision of law under which the present application
has been filed. Accordingly, let the same be done through e-mode
latest by tomorrow.
3. The petitioner apprehends arrest in connection with
Harsidhi PS Case No. 330 of 2018 dated 09.08.2018, instituted
under Sections 399 and 402 of the Indian Penal Code.
4. The allegation against the petitioner is that from his
house persons having illegal firearms were arrested.
Patna High Court CR. MISC. No.30675 of 2020 dt.29-01-2021
5. Learned counsel for the petitioner submitted that
based on the same occurrence another case, Harsidhi PS Case No.
329 of 2018 was instituted under Sections 25(1-B)(a), 26 and 35
of the Arms Act, in which he was also arrested as persons with
firearms were arrested from his house and for the same
occurrence, the police also registered the present case. However, it
was submitted that in the other case, the petitioner was granted
bail, but the police had not remanded him. Leaned counsel
submitted that there was a ritual on the birth of a child in his house
in which the other accused had come and the petitioner has no
connection with them. It was submitted that there is no recovery
from the person or house of the petitioner.
6. Learned APP submitted that the petitioner has another
case against him.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, East Champaran at Motihari in
Harsidhi PS Case No. 330 of 2018, subject to the conditions laid
Patna High Court CR. MISC. No.30675 of 2020 dt.29-01-2021
down in Section 438(2) of the Code of Criminal Procedure, 1973
and further, (i) that one of the bailors shall be a close relative of
the petitioner, (ii) that the petitioner and the bailors shall execute
bond with regard to good behaviour of the petitioner, and (iii) that
the petitioner shall also give an undertaking to the Court that he
shall not indulge in any illegal/criminal activity, act in violation of
any law/statutory provisions, tamper with the evidence or
influence the witnesses. Any violation of the terms and conditions
of the bonds or the undertaking shall lead to cancellation of his
bail bonds. The petitioner shall cooperate in the case and be
present before the Court on each and every date. Failure to
cooperate or being absent on two consecutive dates, without
sufficient cause, shall also lead to cancellation of his bail bonds.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
