Md Kaushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16018 of 2022 Arising Out of PS. Case No.-438 Year-2021 Thana- BANKA District- Banka ====================================================== MD KAUSHAR Son of Md. Shahjahan Resident of Village- Kharihara, Police Station- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)a/26 of the Arms Act.

As per the prosecution case, on the basis of confessional statement of the petitioner a country-made pistol and two live cartridges were recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of dirty village politics. Nothing has been

Patna High Court CR. MISC. No.16018 of 2022(2) dt.20-07-2022 2/2 recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases which are of similar nature. The petitioner is in custody since 03.08.2021. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the period of custody of the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 438 of 2021, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T