IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87056 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- SISWAN District- Siwan ====================================================== Ankit Sah @ Ankit Shah S/O Mithilesh Sah @ Mithlesh sah R/O Village- Kachnar, Police Station- Sisawan, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shrinath Manjhi, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b), 26 and 35 of Arms Act. 3. Prosecution case in nutshell is that on receiving the secret information of gathering of four miscreants, informant being a police official rushed to the spot. Miscreants tried to flee away but after chasing, three (including the petitioner) were apprehended and one managed to escape. On search, one country made pistol and one mobile phone are alleged to have been recovered from the possession of the petitioner. Patna High Court CR. MISC. No.87056 of 2024(2) dt.10-01-2025 2/3 4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no any concern either with the other apprehended co-accused persons or with the recovered incriminating article. Proper procedure of search and seizure has not been followed properly as there is no any independent witness rather they are police officials. It is further submitted that charge-sheet has been submitted in this case. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 17.10.2024 passed in Cr. Misc. No. 72916 of 2024. Moreover, the petitioner is languishing in judicial custody since 05.06.2024. 5. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that petitioner has three criminal antecedents. 6. Having heard learned counsel for the parties and taking into consideration the above facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Siswan P.S. Case No. 190 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten Patna High Court CR. MISC. No.87056 of 2024(2) dt.10-01-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate 1st Class, Siwan, with following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court. (iii) If the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. sushma/- (S. B. Pd. Singh, J) U T