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2025 DAILYLAW 56614 (PAT)

Dayanand Singh @ Srikant Singh@ Srikant Kumar v. The State of Bihar

CR. MISC./46921/2025 · 2025-08-04

S B P Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46921 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- SALIMPUR District- Patna ====================================================== 1. Dayanand Singh @ Srikant Singh@ Srikant Kumar Son of sone Lal Singh Resident of Village- Sundarpur P.S-Shalimpur Dist-Patna. 2. Dilip Singh @ Khesari Lal Singh @ Khesari Lal son of Sone Lal Singh Resident of Village- Sundarpur P.S-Shalimpur Dist-Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Usha Kumari Singh, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 04-08-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Salimpur P.S. Case No. 03 of 2025 for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. 3. As per the prosecution story, the informant has alleged that on 01.01.2025 at around 11:00 AM, a tip/secret information was received that Dayanand Singh alias Shrikant Singh of village Sundarpur was keeping illegal firearms at his residence. After registering a sanha and informing senior officers, a police team proceeded to the location. At about 12:10 PM, the team reached the house owned by Sunaina Devi and, in Patna High Court CR. MISC. No.46921 of 2025(2) dt.04-08-2025 2/3 the presence of local witness Dilip Singh alias Khesari Lal Singh, conducted a room-by-room search. In the third room, a country-made rifle with an iron butt (12 inches), body length of 33 inches, and barrel length of about 44 inches was found, along with three live 8 MM KF cartridges tied in a red dupatta. Further, a briefcase on a rack contained a bag with three more live cartridges and a loaded country-made pistol was also found. No valid documents for the firearms or ammunition was produced. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The entire allegation is false, fabricated, concocted and without any basis. Petitioners are in no way concerned at all with the alleged recovery as stated in the F.I.R. 5. Learned APP opposes the prayer for bail. 6. It is also evident from the F.I.R. that alleged illegal arms and live cartridges have been recovered from the house as well as box kept in the house. There is specific allegation on both the petitioners and as per impugned order there is criminal history against the petitioner. Keeping in view the aforesaid facts, this Court is not inclined to extend them the privilege of anticipatory bail. Patna High Court CR. MISC. No.46921 of 2025(2) dt.04-08-2025 3/3 7. Accordingly, the prayer for anticipatory bail stands rejected. 8. The petitioners are directed to surrender before learned court below and prays for regular bail, which may be considered by the court below on its own merit, without being prejudiced by the order of this Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T