IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31380 of 2009 VIJAY KUMAR SINGH, Son of Shri Sudarshan Singh, resident of Village – Bardiha, P.S. – Nasriganj, District – Rohtas. ……… Petitioner. Versus THE STATE OF BIHAR …….. Opp. Party. ----------- 02/ 17.09.2009 Heard the counsel for the petitioner and the counsel appearing for the State. Petitioner had initially instituted a case against one Dharmdeo Nat stating that from his possession one country made pistol and two cartridges were recovered and on the statement of petitioner Nasariganj P.S. Case No. 48 of 2009 was instituted. During investigation it was found that the country made pistol and cartridges were planted by this petitioner in order to implicate Dharmdeo Nat, as such Nasariganj P.S. Case No. 119 of 2009 was instituted naming the petitioner as an accused for offence under Section 25(1- B)A, 26 & 35 of the Arms Act. Counsel for the petitioner submits that there is no recovery of arms from his possession. However, the stand taken by the investigating officer is that since it was planted by the petitioner as such it will be deemed that petitioner is in possession of the illegal arms. Counsel for the petitioner submits that the petitioner has been falsely implicated by the - 2 - police and also that except Nasariganj P.S. Case No. 50 of 2009 no other case is pending against him, which has been compromised. Considering the fact, the prayer for grant of anticipatory bail on behalf of the petitioner, Vijay Kumar Singh is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nasariganj P.S. Case No. 119 of 2009 to the satisfaction of S.D.J.M., Bikramganj, District – Rohtas. DKS/ (Mridula Mishra, J.)