Hussain Nutt @ Hussain Nawaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10042 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- KOPA District- Saran ====================================================== Hussain Nutt @ Hussain Nawaz, Son of Wakil Nut, Resident of VillageParsagarh, P.S. - Ekma, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-02-2025 Heard Mr. Avinash Kumar Pandey, learned Advocate for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Kopa P.S. Case No. 211 of 2024 registered for the offences punishable under Sections 210(4), 310(5) of the BNS and Sections 25(1-b)a/26/35 of the Arms Act.
3. The police on a tip off assemblage of miscreants conducted raid in an orchard and apprehended five accused persons. In course of search, one folded knife was recovered from the possession of the petitioner, whereas the other incriminating materials, including one country made pistol with loaded cartridge as well as motorcycle were recovered from the possession of other apprehended accused persons.
4. There is complete denial of recovery of any material from the possession of the petitioner.
Patna High Court CR. MISC. No.10042 of 2025(2) dt.28-02-2025 2/3
5. Learned Advocate for the petitioner contended that in fact on the alleged date of occurrence, the petitioner was present nearby the place of occurrence and, as such, he was apprehended and his name has been implicated in this case. The reason behind the false implication of the petitioner is his past criminal antecedent, as has been disclosed in para. 3 of the bail application. Be that as it may, the petitioner has been incarcerated since 23.11.2024.
6. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the antecedent of the petitioner, four in number, clearly speaks about the involvement of the petitioner in such kind of crime.
7. Regard being had to the submissions made on behalf of the parties and considering the nature of recovery and the fact that the investigation of the crime is complete and charge-sheet has been submitted; moreover the crime, in question, is triable by the Magistrate, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Kopa P.S. Case No. 211 of 2024, subject to the condition that one of the bailors
Patna High Court CR. MISC. No.10042 of 2025(2) dt.28-02-2025 3/3 will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) uday/- U T