Md. Nasir @ Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11778 of 2022 Arising Out of PS. Case No.-397 Year-2021 Thana- FALKA District- Katihar ====================================================== MD. NASIR @ NASIR S/o Md. Sakir @ Sokin R/o Shilvalkhas, P.S.- Jani, Meruth (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Falka (Pothia) P.S. Case No. 397 of 2021 registered for the offences punishable under Sections 411, 413, 414 of the Indian Penal Code read with Sections 25(1-B), 26 and 35 of the Arms Act. As per prosecution case, accusation against the present petitioner is that one loaded country made pistol is recovered from the possession of the petitioner alongwith other articles.

Learned counsel for the petitioner submits that petitioner is in custody since 17.11.2021. Petitioner bears no

Patna High Court CR. MISC. No.11778 of 2022(2) dt.13-07-2022 2/3 criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner has no concern with the alleged recovered articles. Nothing has been recovered from the conscious possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named 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 C.J.M., Katihar in connection with Falka P.S. Case No. 397 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.11778 of 2022(2) dt.13-07-2022 3/3 remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T