Md. Abrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31159 of 2018 Arising Out of PS.Case No. -57 Year- 2017 Thana -DARBHANGA District- DARBHANGA ====================================================== Md. Abrul S/o Late Md. Ainul , R/o Vill.- Thari, P.S.- Beldor, DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Darbhanga Town P.S. Case No.57 of 2017 registered for the offences punishable under Sections 341, 323, 353 and 333 of the Indian Penal Code and Section 25(1-B)A and 26 of the Arms Act. The informant of this case is a police officer. On secret information the police party reached on Imli Ghat over bridge and apprehended this petitioner. On search, two country made firearms, three cartridges, three mobiles and Aadhar Card were recovered from possession of the petitioner.

It has been submitted that the petitioner is a resident of Khagaria district and on the date of occurrence he was going to his sasural at Darbhanga. He has been implicated with false and

Patna High Court Cr.Misc. No.31159 of 2018 (3) dt.09-07-2018 frivolous allegation. The petitioner is in custody since 13.04.2017 having clean antecedent and so he deserves bail. The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Town P.S. Case No.57 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate 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. (Sanjay Kumar, J) Harish/- U