Sabir Alam @ Sabbir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25162 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== SABIR ALAM @ SABBIR ALAM, Son of Abdul Kalam, resident of Village- Jhumka, Police Station- Sikta, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.1.2018 in connection with Sikta P.S. Case No.137 of 2017 for the offences alleged under Sections 25(1-b) a, 26, 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and there is no recovery of any arms from the conscious possession of the petitioner. The petitioner has been implicated from extra judicial confessional statement of coaccused Safroj Alam and except the same, there is no other material. The said co-accused Safroz Alam has been granted bail by a Bench of this Court vide order dated 9.4.2018 in Cr. Misc. No.19184 of 2018. Petitioner claims clean antecedent.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.25162 of 2018 (2) dt.03-05-2018 2/2 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Bettiah, West Champaran, in connection with Sikta P.S. case No.137 of 2017, 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 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.

(iv) 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. (Vikash Jain, J) N.H./- U T