Prince Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7597 of 2022 Arising Out of PS. Case No.-350 Year-2020 Thana- SIWAN CITY District- Siwan ====================================================== PRINCE AKHTAR Son of Late Jawaid Akhtar @ Javed Akhatar Resident of Village - Dakashin Tola Siwan, P.S.- Siwan Town, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Siwan Town Police Station Case No. 350 of 2020, registered for the offences punishable under Sections 25(1-b)a/26/35 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 16.04.2021, passed in Criminal Misc. No. 7822 of 2021, giving liberty to the petitioner to renew his prayer for bail after nine months from the date of the order, if the trial does not show any progress.

The prosecution case, as per the First Information

Patna High Court CR. MISC. No.7597 of 2022(3) dt.23-03-2022 2/3 Report, is that one pistol and two live cartridges have been recovered from the possession of the petitioner.. Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 16.04.2021. He further submits that the petitioner is in custody since 29.08.2020.

This Court, vide order, dated 16.02.2022, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned Incharge Additional Chief Judicial Magistrate IX, Siwan, and from perusal of the same, it would be evident that the case is pending at the stage of receipt of police papers by the accused persons and charge has not yet been framed in this case.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has remained in custody for about one and a half year, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.7597 of 2022(3) dt.23-03-2022 3/3 learned Judicial Magistrate, 1st Class, Siwan, in connection with Siwan Town Police Station Case No. 350 of 2020. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √