Patna High CourtCR. MISC./29476/2015bail granted

Md. Dulare v. The State Of Bihar

2015-08-11Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29476 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -BAIRGANIA DistrictSITAMARHI ====================================================== MD. DULARE son of Nek Mohammad Resident of Village- Bhakurahar, P.S.- Bairginia, District- Sitamarhi.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 25(1-B)a, 26, 35 Arms Act. Allegation against the petitioner is that during raid from the bed of the petitioner a loaded gun and one iron sword were recovered.

It is submitted that arms has not been recovered from the conscious possession of the petitioner. He has been in custody since 1.2.2015.

Learned counsel for the State submits that the petitioner is also an accused under Arms Act and Explosive Substance Act. After investigation the case has been found true

Patna High Court Cr.Misc. No.29476 of 2015 (2) dt.11-08-2015 2/2 and the charge-sheet has already been submitted. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/court concerned after framing of charge in Bairginia P. S. Case No. 08 of 2015 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T