BEFORE THE HIGH COURT AT PATNA HIGH COURT,

PATNA

B.P. No. __________ of 2019

IN THE MATTER OF
(STATE OF BIHAR Vs. TARA BABU SINGH)
FIR No.: 0745/19
Under Section/s : 25(1-B), 26,27,35
of Arms Act
Police Station: Buxar Town P.S.
Accused in custody since: 22.10.2019

Most Respectfully Soweth:-

Babu Singh S/O Lt. Brij Bihari Singh, resident of Khalasi Mahulla , P.S. Buxar

Town, Dist. Buxarin connection with above referred FIR No. 0745/19 registered

by SHO, Buxar Town P.S.

2. That the petitioner has not filed any such anticipatory or regular bail application

earlier in this matter before this Hon’ble court.

3. Petitioner has been involved earlier in connection with case no. --------- and

thereafter petitioner has not been involved in any criminal case.

4. That the present case arises out of Buxar Town P.S. FIR No. 0745/19 dated

22.10.2019 instituted by the Station-House-Officer, Buxar Town P.S. u/s 25(1-B),

26,27,35 of Arms Act on the basis of information given by Inspector Aslam Sher

Ansari. Prosecution story as narrated by the informant is that the SHO of Buxar

P.S. rushed to the location near the graveyard where according to his information

two parties were in clash. When the officer-in-charge along with other officials
 reached to the location then upon seeing the police arriving these people stared to

run. Some of them headed to take shelter in a two-storey building near the place

where the clash took place, which happens to be the house of the petitioner Tara

Babu Singh. After surrounding the said building the officer-in-charge along with

other officials and in presence of witnesses mentioned in the FIR went in, in order

to arrest the person involved in the abovementioned clash.

It is further narrated in the written statement that in

the search of the house the police found 3 regular rifles and one Double Barrel

rifle the details of which has been mentioned in the seizure list. Furthermore, a

bullet shell has also been recovered from the house along with some live bullets

details of which is mentioned in the seizure list. After that the arrest was made and

the petitioner was brought to police station.

5. That it is submitted that the allegations made against the accused are false,

frivolous and vexatious and lack in the material substance. The accused has

nothing to do with the alleged offences. The accused belongs to a very reputed

family in his locality. The allegations are that the petitioner is in possession of fire

arms in large quantity having extreme firepower but it is important to bring into

notice of this Hon’ble Court that the arms seized are seized from the house of the

petitioner and not from the possession of the petitioner. False allegation has been

made with respect to the possession of the firearms in the case dairy summited by

the police. Furthermore, it is summited that witness of seizure (1)Hunny Singh

S/O Sanjay Singh resident of Arigao village P.S. Krishnabraham, Dist. Buxar and

(2) Roshan Kumar Singh S/O Kanchan Singh resident of Arigao village P.S.

Krishnabraham, Dist. Buxar were not even the local residents of the area where
 seizure has been made. That is why, it is summited that, the police report should

not be relied upon.

6. Furthermore, according to the written statement summited by the S.I. Aslam

Ansari, on 22.10.2019 , he went to the spot where alleged offence took place at

10.00 am in the morning and after the search and seizure of the arms he arrested

the petitioner. But according to the FIR No. 0745/19 in which S.I. Aslam Ansari

himself is the informant, the information of the offence was given to the police on

22.10.2019 at 13.30 pm. So, according to the FIR when the information reached to

the police then by that time the petitioner was already at the police station which

is contradictory with the statement of S.I. Aslam Ansari.

7. That, it is summited that all the witnesses whose statements are mentioned in para

4,5, and 13 to 16 of the case dairy are interested witnesses and statements of these

witnesses, for the justice to be served, should be disregarded by this Hon’ble

Court.

8. That from forgoing conclusion, the innocence of the petitioner is well founded in

the present case despite that he is involved in the case and taken into custody on

22.10.2019 and since then the petitioner has been languishing in the custody.

9. That the petitioner is a permanent resident and there are no chances of his

absconding from the course of justice.

10. That the petitioner undertakes to present himself before the police/court as and

when directed.

11. That the petitioner undertakes that he will not, directly or indirectly make any

inducement, threat or promise to any person acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the Court or to any police

officer.
 12. That the petitioner further undertakes not to tamper with the evidence or the

witnesses in any manner.

13. That the petitioner shall not leave India without the previous permission of the

Court.

14. That the petitioner is ready and willing to accept any other conditions as may be

imposed by the Court or the police in connection with the case.

15. That the Court below has failed to consider all the facts and circumstances of the

case and has wrongly dismissed the bail application and under the facts and

circumstances stated herein above the present bail application of the petitioner

deserves to be allowed for the ends of justice.

It is therefore prayed that your honour may graciously be pleased to grant regular bail to the

petitioner in connection with FIR No. 0745/19 arising out of Buxar Town P.S. lodged under

sections 25(1-B), 26,27,35 of Arms Act to your Honour’s best satisfaction.

And/or

Pass such other order or orders which the court may deem fit and proper in the facts and

circumstances of the case.

And for this, the petitioner shall ever pray.