Patna High CourtCR. MISC./17572/2017bail granted

Md. Chand @ Edwa v. The State Of Bihar

2017-04-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17572 of 2017 Arising Out of PS.Case No. -240 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Md. Chand @ Edwa Son of Md. Uniesh @ Md. Unus, Resident of Village- Uper Tola, Ward No. 4, Ballia, P.S. Ballia, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sahebpur Kamal P.S.Case No.240 of 2016 registered for offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation against the petitioner is that he is named in the F.I.R. and he was arrested at the spot.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner rather it has been recovered from the other co-accused persons and he has remained in custody for more than five months. He has clean antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of period of custody

Patna High Court Cr.Misc. No.17572 of 2017 (3) dt.20-04-2017 2/2 for the petitioner and also he has clean antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-V, Begusarai in connection with Sahebpur Kamal P.S.Case No.240 of 2016 dated 18.11.2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U