Md. Noor Hasan @ Noorhasan v. The State Of Bihar

Patna High Court Cr.Misc. No.51319 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51319 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -GOGRI (Paura) District- KHAGARIA ====================================================== Md. Noor Hasan @ Noorhasan S/o Shamsher, R/o Village- Muskipur, P.S.- Gogari, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nand Singh, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.03.2017 in connection with Gogri (Paura) P.S. Case No. 152 of 2017 for the alleged offences under Sections 25(1)(a), 26(1), 29, 30, and 30 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of incriminating articles from a hut situated in a maize field and not from the possession of the petitioner. A statement is made on behalf of petitioner that the maize field in question did not belong to the petitioner. Similarly situated co-accused Shamsher Alam has been granted bail by this Court in Cr. Misc. No. 45287 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the 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 sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.51319 of 2017 (2) dt.09-11-2017 of Shri Brajesh Kumar, learned J.M. Ist Class, Khagaria in connection with Gogri (Paura) P.S. Case No. 152 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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.

(iv) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T