Sudhir Singh @ Mama vs State Of Bihar

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Binod Kumar Singh, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner apprehends arrest in connection with Ara Nawada PS Case No. 690 of 2019 dated 26.08.2019, instituted under Sections 109/115 of the Indian Penal Code and 25(1-B)(a)/26/27/35 of the Arms Act.

The petitioner, though not caught at the spot, is alleged to have given a plastic bag containing firearms to co-accused Ankit Kumar Singh from whom from the left side of the waist one loaded countrymade pistol; from the left pocket of his trouser two live cartridges of .315 bore in a white polythene; from the right pocket two mobile sets; from the polythene packet hanging in his right hand, in a red polythene one countrymade pistol with two live cartridges of .38 bore; one blue-coloured pulsar motorcycle and a mobile set near the motorcycle, were recovered, without any paper.

Learned counsel for the petitioner submitted that the only allegation against the petitioner is that co-accused Ankit Kumar Singh, who was caught, in his confessional statement, has disclosed that the firearms in the polythene had been given to him by the petitioner.

Learned APP, from the case diary, submitted that besides the petitioner having one other criminal antecedent, the police during investigation have also found from the CDR of the mobile of the petitioner that he had talked 27 times with the criminal who was inside the jail namely, Mamlesh Singh, who had given a contract for killing Vishwanath Singh, while coming out of the Court, and for which he had supplied the weapons to co-accused Ankit Kumar Singh.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the application stands dismissed.

However, if the petitioner surrenders before the Court below and prays for bail, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.