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Patna High CourtCR. MISC./24796/2024bail granted

Guddu Sah @ Goodu Sah v. The State Of Bihar

2024-04-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24796 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Guddu Sah @ Goodu Sah, aged about 45 years, Son Of Safruddin Sah @ Safruddin Devan @ Sarfuddin Devan @ Sarfuddin Devan, @ Sarfuddin Sah, Resident of village- Pakariya, P.S.-Chhauradano, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, it is a case of recovery of some firearms.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case and the petitioner is in custody since 24.08.2023.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6.

On perusal of the first information report and

Patna High Court CR. MISC. No.24796 of 2024(2) dt.09-04-2024 2/2 impugned order dated 13.02.2024, it appears that one country made pistol along with one live cartridge were recovered from the possession of the petitioner and period of custody of the petitioner, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Chhauradano (Mahuawa) P.S. Case No.281 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Shivam Singh, Judicial Magistrate, Raxaul at Motihari, East Champaran/concerned Court.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to be present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T