Md. Shakil @ Md. Shakeel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45867 of 2018 ======================================================
1. Md. Shakil @ Md. Shakeel S/o Gulam Rasul @ Dhannu Babarchi, R/o Vill.- New Karimganj, Road No. 13, P.S.- Civil Line, Distt.- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 08.10.2016 in connection with Civil Lines P.S. Case No.280 of 2016 (G.R. No.- 6064 of 2016) for the offence registered under Sections 25(1-b)a/ 26 of the Arms Act.
Learned counsel for the petitioner submits that it is alleged that the country-made pistol was recovered from his possession but the same has not been recovered from the conscious possession of the petitioner and he has been languishing jail since 08.10.2016.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two
Patna High Court Cr.Misc. No.45867 of 2018 (2) dt.23-08-2018 2/2 sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Gaya, in connection with Civil Lines P.S. Case No.280 of 2016 (G.R. No.-6064 of 2016) on the condition that :-
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Sanjeev/- U T