Md. Jamsher @ Md. Jamsid v. The State Of Bihar

Patna High Court Cr.Misc. No.5234 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5234 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Md. Jamsher @ Md. Jamsid, son of Md. Taslim, resident of VillageMirzapur, Bardah, P.S.- Muffasil, District- Munger. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Naya Ram Nagar P.S. Case No. 110 of 2016 registered for the offences punishable 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. Allegedly, acting on a tip off, raid was conducted and under a plastic shed some persons were found engaged in manufacturing illegal arms. Seeing the Police party they started fleeing away, however, the Police apprehended the petitioner and others, seized some incriminating material from the plastic shed. Submission is of false implication and that the petitioner is resident of the same locality, nothing has been recovered from his conscious possession and he is suffering in custody since 04.08.2016. With similar allegation co-accused Balkaran Bind

Patna High Court Cr.Misc. No.5234 of 2017 (2) dt.10-03-2017 and Md. Rizwan have been allowed bail vide Cr. Misc. No. 613 of 2017 and 4566 of 2017 respectively by another co-ordinate Benches of this Court and as such the petitioner deserves sympathetic consideration.

Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1, Munger in connection with Naya Ram Nagar P.S. Case No. 110 of 2016, subject to the conditions that one of the bailors must be a near relative 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. (Jitendra Mohan Sharma, J) avin/- U T