Bikkiya Singh @ Binod SIngh @ Bipin Singh Vs The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3409 of 2025

Arising Out of PS. Case No.-102 Year-2024 Thana- MUNGER MUFFASIL District- Munger

====================================================== Bikkiya Singh @ Binod SIngh @ Bipin Singh Son of Ram Bahadur Singh @ Bahadur SIngh Resident of Village - Laxmipur, Gaira Pahar, Nauagarhi, P.S. - Muffasil, District - Munger

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Indu Bhushan For the Opposite Party/s : Mr.Ram Anurag Singh ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 11-04-2025

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Heard learned Counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The present application is for grant of anticipatory bail, in connection with Mufassil P.S. Case No.102 of 2024 for offences under Sections 25(1-A)/25(1-AA), 25(1-B)a/26(1), 26(2)/35 of the Arms Act.

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It would appear from a perusal of the First Information Report that upon an information that some illegal firearms were manufactured by one Bikiya Singh (petitioner) and Tako Singh @ Raghubeer with the help of four other persons in huge quantity, a raiding team proceeded towards the

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Patna High Court CR. MISC. No.3409 of 2025(3) dt.11-04-2025 2/4

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place of occurrence and reached at Tofir Diyara from where they proceeded for Bardah Diyara on foot and made a recovery of several parts, which are used in the manufacture of illegal firearms like the base machines files of different make magazines farma, drills and brass rod used for manufacturing illegal firearms. The Police had also recovered one live cartridge from the said place which was the Bathan of one Mahadev Singh. It has been stated that when the police interrogated about the names of the accused persons who fled away from the place of occurence, the names of the petitioners along with the others were disclosed by the local choukidar and the persons of the locality.

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Learned counsel for the petitioner submits that as a matter of fact there has been no recovery from the physical or conscious position of the said petitioner and the recovery is said to have taken place near the Bathan of Mahadev Singh and not from the petitioner’s place. The name of the petitioner has also surfaced on the statement of local choukidar, who is inimical to the petitioner and it has also been submitted that the alleged recovered articles are very common items that are used by the carpenters also. The further submission on behalf of the petitioner is that the seizure list is not signed by any

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Patna High Court CR. MISC. No.3409 of 2025(3) dt.11-04-2025 3/4

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independent witness and hence there is a violation of Section 100 of the Cr.P.C.

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Learned APP for the State opposes the grant of anticipatory bail in view of the recovery made.

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Considering all the above mentioned facts and circumstances of the case and also considering that the alleged recovery has not been made from the house of the petitioner and or also from his personal and conscious possession and further that he has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner.

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Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Munger, in connection with Mufassil P.S. Case No.102 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023. However, there is a further condition that he should make an appearance before the S.H.O./I.O. after furnishing his bail bonds and thereafter, would appear before the I.O. in the Police Station at least once a month till the submission of the charge sheet.

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Patna High Court CR. MISC. No.3409 of 2025(3) dt.11-04-2025 4/4

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Subsequently, the petitioner would also undertake to cooperate in the investigation/trial.

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(Soni Shrivastava, J)

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sharun/-

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U T

Bikkiya Singh @ Binod SIngh @ Bipin Singh v. The State Of Bihar

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Bikkiya Singh @ Binod SIngh @ Bipin Singh v. The State Of Bihar

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