Patna High CourtCR. MISC./816/2018bail granted

Md. Akbar Hussain @ Akbar Hussain v. The State Of Bihar

2018-01-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.816 of 2018 Arising Out of PS.Case No. -235 Year- 2017 Thana -PIRO District- BHOJPUR ====================================================== Md. Akbar Hussain @ Akbar Hussain Son of Mohammad Ajma Hussain @ Ajmat Hussain Resident of village- Bandey, P.S.- Patory, DistrictSamastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 414 of the Indian Penal Code read with Section 25 (1-b)a, 26 and 35 of the Arms Act.

Allegation is of apprehending the petitioner along with others during the routine vehicle checking. Counsel for the petitioner submits that it is a case of false implication. The petitioner has no criminal antecedent prior to the instant case. He denies the recovery of country made pistol from his possession and he is in custody since 11.09.2017. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be

Patna High Court Cr.Misc. No.816 of 2018 (2) dt.11-01-2018 2/2 released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Bhojpur at Arrah in Piro (Hussain Bazar ) P.S. Case No. 235 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T