Patna High CourtCR. MISC./17353/2021bail granted

Md. Umar v. The State Of Bihar

2021-07-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17353 of 2021 Arising Out of PS. Case No.-717 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Md. Umar aged about 34 years Male, S/o Md. Sharif Resident of VillageMehsauri, P.S.- Khagaria (Muffasil), District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Khagaria P.S. Case No. 717 of 2020, registered for the offence under Section 25(1b)a/26/35 of the Arms Act. As per the prosecution case, two live cartridges of 0.315 bore was recovered from the possession of the petitioner. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. Petitioner has got clean antecedent and he is in custody since 25.09.2020. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the period already undergone by the

Patna High Court CR. MISC. No.17353 of 2021(2) dt.08-07-2021 2/2 petitioner and completion of investigation, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 717 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T