Md. Ekram @ Bhola v. The State Of Bihar

Patna High Court Cr.Misc. No.57735 of 2015 (3) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57735 of 2015 Arising Out of PS.Case No. -150 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Md. Ekram @ Bhola Son of Md. Islam R/o Village Ghorighat, P.S. Partappur, District Chatra (Jharkhand) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party : Mr. Dashrath Mehta(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sherghati (Dobhi) P.S. Case No.150/2015 registered under Sections 25(1b)a, 26, 35 of the Arms Act and under Section 17 of C.L.A. Act. The accusation is that the petitioner along with one Krishna Kumar Manjhi were apprehended by the police on suspicion and on search the petitioner was found in possession of loaded country made pistol along with live cartridge and one rifle with some literature of extremists, whereas co-accused namely Krishna Kumar Manjhi was found in possession of one loaded country made Katta and loaded revolver made in China. The further submission is that the petitioner has no criminal

Patna High Court Cr.Misc. No.57735 of 2015 (3) dt.18-02-2016 antecedent. He has been remanded in this case on mere suspicion. It is further submitted that similarly situated co-accused namely Krishna Kumar Manjhi has already been granted privilege of bail by the Bench of this Court vide order dated 02.02.2016 passed in Crl. Misc. No. 49372/2015.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati at Gaya in connection with Sherghati (Dobhi) P.S. Case No. 150/2015. out of two sureties, one surety must be close relative of the petitioner and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Rajendra Kumar Mishra, J.) Amit/- U T