Patna High CourtCR. MISC./23829/2017bail granted

Sabbir Alam v. The State Of Bihar

2017-05-17Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23829 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -THAKURGANJ District- KISANGANJ ====================================================== Sabbir Alam, S/o Mafiuddin @ Mofiluddin, R/o Talighar, P.S.-Islampur, Distt.-Uttar Dinajpur (W.B.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2017 Heard both sides.

The petitioner seeks bail in connection with Thakurganj P.S. Case No. 94 of 2016 registered for the offence punishable under Sections 25(1-b) a, 26 and 35 of the Arms Act. As per prosecution case, the police party on a tip off intercepted two motorcycles and from the possession of this petitioner a country made loaded pistol and two cartridges were allegedly recovered.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.09.2016 having clean antecedent. He has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case. He further submits that earlier the bail prayer of this petitioner was rejected by this Court with an observation that if the trial is not

Patna High Court Cr.Misc. No.23829 of 2017 (2) dt.17-05-2017 2/2 concluded within three months, the petitioner may renew his prayer again, but till the date, no progress has emerged in the present case by the trial court as submitted by learned counsel. Learned APP, on the other hand, opposed the submissions.

Considering the length of custody as also clean antecedent of the petitioner, the prayer of bail is allowed. The above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S. Case No. 94 of 2016.

(Sanjay Kumar, J) rohit/- U T