Patna High CourtCR. MISC./42135/2018bail granted

Md. Anish And ANR v. The State Of Bihar

2018-07-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42135 of 2018 ======================================================

1. Md. Anish, S/o Late Wazul,

2. Md. Maskoor, S/o Late Md. Yasin, Both R/o Vill. - Chharapatti, Birnager, P.S. - Bhargama, District - Araria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

Allegation is that from the house of the petitioners, a country made loaded pistol was recovered. Submission is that co-accused Md. Shahabuddin, having similar allegation, has already been granted bail by a Coordinate Bench of this Court vide order dated 29.06.2018 passed in Cr. Misc. No. 32311 of 2018 considering the fact that recovery was not from conscious possession of the petitioners and the petitioners have got criminal antecedent. Considering the aforesaid submission as well as

Patna High Court Cr.Misc. No.42135 of 2018 (2) dt.19-07-2018 2/2 criminal antecedent, let the petitioners, above named, be released on bail on completion of nine months of custody on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhargama Police Station Case No. 248 of 2017, subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T