Patna High CourtCR. MISC./6511/2017bail granted

Md. Aurangjeb v. The State Of Bihar

2017-02-22Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6511 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6511 of 2017 Arising Out of PS. Case No. -110 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Md. Aurangjeb, son of Late Md. Islam, resident of Village Mirzapur, Bardah, P.S. Muffasil, District- Munger.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kamal Kishore Jha, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.08.2016 in connection with Naya Ram Nagar P.S. Case No. 110 of 2016 for the offences alleged under Sections 25(i) a, 25(1-AA), 25 (1-AC), 25(1B) a, 25 (1-B) c, 26(i)(ii) and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and even according to the seizure list, recovery of one country made katta has been made from co-accused Gopal Bind and the other offending goods have been recovered from the hill and not from the conscious possession of the petitioner who claims clean antecedents. Similarly situated co-accused Balkaran Bind and Suraj Bind have been granted bail by this Court in Cr. Misc. Nos. 613 of 2017 and 2274 of 2017 respectively.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Munger, in connection with Naya Ram Nagar P.S. Case No. 110 of 2016, on the following conditions:-

Patna High Court Cr.Misc. No.6511 of 2017 (2) dt.22-02-2017 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T