Patna High CourtCR. MISC./17946/2017bail granted

Md. Taphail @ Md. Azaz @ Md. Tuphail v. The State Of Bihar

2017-04-11Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.17946 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17946 of 2017 Arising Out of PS.Case No. -185 Year- 2016 Thana -KHAJAULI District- MADHUBANI ====================================================== Md. Taphail @ Md. Azaz @ Md. Tuphail Son of Md. Zaffar, Resident of Village- Bhakua, P.S.- Khajauli, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.10.2016 in connection with Khajouli P.S. Case No. 185 of 2016 for the alleged offences under Sections 25(1-B)a/26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one pistol and two live cartridges, which is denied.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 06.10.2016 already suffered, 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 Sri Vivek Vishal, learned J.M. Ist Class, Madhubani,

Patna High Court Cr.Misc. No.17946 of 2017 (2) dt.11-04-2017 in connection with Khajouli P.S. Case No. 185 of 2016 on the following conditions :- (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 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.

(iv) 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. (Vikash Jain, J) Chandran/BT U T