Md. Kaisar @ Md. Kaisar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7627 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== Md. Kaisar @ Md. Kaisar Alam Son of Md. Naim @ Shakil Resident Of Village- Konal (PURANI Haat), Police Station- Dalkola, District- North Dinajpur (WEST Bengal) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner seeks bail in connection with Balrampur P.S. Case No. 123 of 2021 lodged under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-b) a, 26, 35 of the Arms Act and Section 4 of the Explosive Substance Act.

As per allegation made in the F.I.R., the recovery of one loaded Deshi Katta with three live cartridges were recovered from the possession of the petitioner. Learned counsel for the petitioner submits that charge-sheet has already been submitted in this case and

Patna High Court CR. MISC. No.7627 of 2022(2) dt.13-06-2022 2/2 petitioner is in custody since 05.08.2021. He further submits that provisions relating to Explosive Substance Act is not applicable on him at all. He further submits that the petitioner has criminal antecedent but in Balrampur P.S. Case No. 99 of 2021 he was granted bail.

Learned A.P.P. has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case that charge-sheet has already been submitted and petitioner is in custody since 05.08.2021, let the petitioner, above named, is directed to release on bail, only after completion of 12 months as well as after framing of charge in this case against the petitioner, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Katihar in connection with Balrampur P.S. Case No. 123 of 2021.

Petition is allowed.

(Dr. Anshuman, J) ved/- U T