Md. Ataur Rehman @ Karu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45314 of 2014 Arising Out of PS.Case No. -207 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Md. Ataur Rehman @ Karu Son of Late Md. Mujibuddin, Resident of Village-Mirzapur Bardah, P.S.-Mufassil, District-Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Soni Shrivastava For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.
The petitioner seeks regular bail in a case under sections 25(1-b), 25(1-b)c, 26(i) and 35 of the Arms Act. It is alleged that in one cartoon containing ten barrels meant for preparing arms was recovered from the house of the petitioner.
It is submitted that the petitioner and his son Md. Nasrul alias Mangla were made accused for recovery of ten barrels. Nasrul alias Mangla, son of the petitioner, has already been enlarged on bail vide order dated 12.11.2014 passed in Criminal Misc. No. 44517 of 2014. Earlier the prayer for bail of the petitioner was rejected by order dated 22.04.2014 passed in Criminal Misc. No. 7214 of 2014 with a direction to conclude the
Patna High Court Cr.Misc. No.45314 of 2014 (2) dt.04-03-2015 trial at the earliest but the trial has not yet been concluded. Only one witness has been examined till date. On the same and similar allegation, son of the petitioner has been enlarged on bail. The petitioner is in jail for more than one year and five months. Considering the facts and circumstances of the case and the fact that the petitioner is in jail since 17.09.2013, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rajni Kumari, Judicial Magistrate, 1st Class, Munger in connection with Munger Mufassil P.S. case No. 207 of 2013. (Prabhat Kumar Jha, J) Amin/- U