Washique @ Wasiqul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17814 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- JOKIHAT District- Araria ====================================================== WASHIQUE @ WASIQUL, S/o- Late Naim @ Mohd. Nayeem, R/o- villageBardenga Reyaztola, Ward No. 03, P.S. Mahalgaon, Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 25 (1-b) a, 26 and 35 of He further submits that Arms Act.

The case relates to recovery of one country made pistol along with one live cartridge.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that as per FIR and seizure list, one country made pistol and one live cartridge has been recovered from the conscious possession of the petitioner and apart from that one mobile phone and motor-cycle was also recovered

Patna High Court CR. MISC. No.17814 of 2022(2) dt.22-07-2022 2/3 from his possession. In fact, nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has no concern with the alleged motor-cycle. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 06.01.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jokihat (Mahalgaon) P.S. Case No. 11 of 2022 with the following conditions:-

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.17814 of 2022(2) dt.22-07-2022 3/3

(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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) aditi/braj U T