Md. Iqubal @ Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13611 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Md. Iqubal @ Iqbal S/o Md. Tashlim, Resident of Village-Gogra, P.S.- Jokihat, District-Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Araria (Bairgachhi) P.S.Case No. 15 of 2017 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 25(1 b) a, 26 & 35 of the Arms Act.

It has been submitted on behalf of the petitioner that though petitioner has been arrested at the spot but nothing has been recovered except one Lava Mobile and petitioner has not been made accused in such type of office earlier and he is in custody for about three months.

Heard learned APP, who has not controvered the above submission.

Having heard both sides and in view of he fact that petitioner was arrested along with other persons at the spot and one loaded pistol was recovered from other accused person and earlier he has not been made accused in such type of cases earlier,

Patna High Court Cr.Misc. No.13611 of 2017 (3) dt.08-04-2017 2/2 let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S.Case No. 15 of 2017, subject to the conditions that :- (i) The bailors of the petitioner should be close relatives of the petitioner having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U