Md. Amzad Sheikh @ Md. Amzad Seikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14849 of 2020 Arising Out of PS. Case No.-293 Year-2019 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md. Amzad Sheikh @ Md. Amzad Seikh Son of Late Danesh Sheikh Resident of Village-Dusgram Gabra Sarai, P.S.-Dinhatta (Dinhata), District-Coochbihar (West Bengal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Kochadhaman P.S. Case No. 293 of 2019, registered for the offence under Sections 25(1-b)A, 26 and 35 of the Arms Act.

As per First Information Report, there is recovery of one country-made loaded pistol and one live cartridge under the bed of petitioner.

It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that nothing has been recovered from the possession of the petitioner. The petitioner has got no criminal antecedent and he is in custody since 30-11-2019. In this case,

Patna High Court CR. MISC. No.14849 of 2020(3) dt.02-06-2020 2/2 chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 293 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T