Patna High CourtCR. MISC./5809/2016bail granted

Jamirul Haque v. The State Of Bihar

2016-04-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5809 of 2016 Arising Out of PS.Case No. -357 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jamirul Haque Son of Late Fida Hussain resident of village - Gurmia, P.S. Ghorasahan, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Smt.Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 25 (1-b) a and 26 of the Arms Act. Allegedly, from possession of the petitioner one loaded country made pistol and further one more live cartridge were recovered on 02.10.2015.

Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing was recovered from his conscious possession, earlier on the basis of the confessional statement of the co-accused the petitioner was made accused in Ghorasahan P.S. Case No. 1 of 2014 under

Patna High Court Cr.Misc. No.5809 of 2016 (3) dt.06-04-2016 2/2 sections 25 (1-b) a, 26 and 35 of the Arms Act wherein he is on bail and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to 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 S.D.J.M. Sikrahana at Dhaka, East Champaran in Ghorasahan P.S. Case No. 357 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T