Dismissed

Birendra Kumar Singh @ Giri @ Birendra Singh v. The State of Bihar

Patna HC13 Oct 2020CR. MISC./26571/2020

Case brief

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What is this about?

In bail proceedings under Sections 25(1AA)/26 of the Arms Act, the Patna High Court denied regular bail citing the petitioner's criminal antecedents, dismissing the application but allowing renewal after six months if trial stalls.

What did the court decide?

Application for regular bail dismissed; prayed for reinstatement after six months if trial shows no progress.

Birendra Kumar Singh @ Giri @ Birendra Singh Vs The State of… — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26571 of 2020

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Arising Out of PS. Case No.-77 Year-2020 Thana- BUXAR MUFFSIL District- Buxar

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======================================================

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BIRENDRA KUMAR SINGH @ GIRI @ BIRENDRA SINGH Son of Mandll Yadav Resident of Village- Pandey Patti, P.S.- Buxar (Muffasil), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 13-10-2020

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Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

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The petitioner seeks regular bail in connection with Buxar (Muffassil) Police Station Case No. 77 of 2020, registered for the offences punishable under Sections 25 (1AA)/26 of the Arms Act.

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The allegation against the petitioner is that the police raided the house of the petitioner and recovered one countrymade semi-automatic pistol along with one magazine and from the magazine, one loaded live cartridge of 7.65 MM and 04 empty cartridges of 8 MM.

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Learned Counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.26571 of 2020(2) dt.13-10-2020 2/2

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petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the arms and ammunition have been recovered from the house of the petitioner from near his bed when no family members of the petitioner were present in the house. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is in custody since 17.03.2020.

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Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has criminal antecedents, I am not inclined to grant regular bail to the petitioner, at this stage.

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This application is, accordingly, dismissed.

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However, the petitioner may renew his prayer for bail after six months from today, if the trial does not show any progress.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Birendra Kumar Singh @ Giri @ Birendra Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Kumar Singh @ Giri @ Birendra Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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