Ujwal Singh @ Ujwal Kumar @ Ujjawal Kumar vs. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14500 of 2009 UJWAL SINGH @ UJWAL KUMAR @ UJJAWAL KUMAR Versus STATE OF BIHAR -----------

3/ 05-10-2009 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State.

Petitioner is in custody since 08.11.2008. His name figured in Bihta P.S. Case No. 261 of 2008 which was registered under section 395, 412 of the Indian Penal Code read with section 25(1-B) of the Arms Act.

Contention of the counsel for the petitioner is that instead of confessional statement of the co-accused, there is no material against the petitioner. Even the so called recovery of the arms is not under neath of the bed where the petitioner was found to be sleeping. Submission of the counsel is that taking into consideration the allegation made against the petitioner and looking at the period undergone in custody, the petitioner may be enlarged on bail.

Looking at the period remained in custody, let the petitioner, namely, Ujwal Singh @ Ujwal Kumar @ Ujjawal Kumar, be enlarged on bail on furnishing bail bond of Rs. 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in Bihta P.S. Case No. 261 of 2008. One of the sureties will be executed by Subhash Singh, the father of the petitioner, on due identification by the Court below. It is further recorded that in case the name of the petitioner figures in any other criminal case with similar allegation, it will be open to the prosecution to move for cancellation of bail. The petitioner will co-operate in the trial.

( Ajay Kumar Tripathi, J )

BTiwary/