Patna High CourtCR. MISC./44283/2018bail granted

Rizwan @ Rizzu v. The State Of Bihar

2018-07-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44283 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -CIVIL LINE District- GAYA ======================================================

1. Rizwan @ Rizzu Son of Md. Moin Khan, resident of Mohalla Bania Pokhar, P.S. Civil Line, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Allegation is that a country-made loaded pistol was recovered from the possession of the petitioner. Petitioner is in custody since 29.01.2018. Petitioner has got one identical criminal antecedent.

Submission is that co-accused Basant Prasad @ Basant Mahto has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.28212 of 2018. Considering the aforesaid fact, let the petitioner,

Patna High Court Cr.Misc. No.44283 of 2018 (2) dt.24-07-2018 P2/ above named, be released on bail after completion of nine months of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Civil Line P.S. Case No.33 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner 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 petitioner. (Birendra Kumar, J) Mkr./- U T