Patna High CourtCR. MISC./28255/2017bail granted

Md. Abbas v. The State Of Bihar

2017-07-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28255 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Md. Abbas Son of Md. Jamaluddin Sah, Residnet of Village- Jalalpur, P.S.- Maranchi, District- Patna. At present Resident of Village- Prem Diha, P.S.- Halsi, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dalsingsarai P.S.Case No.23 if 2017, registered for offences punishable under Section 414 of the Indian Penal Code and Section 25(1-b)a/26 and 35 of the Arms Act.

Allegation in the F.I.R. is that the petitioner has been arrested along with other two accused persons and a stolen motorcycle has also been recovered.

It is submitted on behalf of the petitioner that he has no criminal antecedent and nothing has been recovered from him. The petitioner is in custody since 25.1.2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.28255 of 2017 (3) dt.12-07-2017 2/2 circumstances, as stated above, 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., Dalsingsarai (Samastipur) in connection with Dalsingsarai P.S.Case No.23 of 2017 dated 24.1.2017. 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