Nasir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20301 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Nasir Ali, Gender-Male, aged about 19 years, Son of Khodadin Miyan @ Khudin Miyan, Resident of Village- Khajuri, P.S Kuchaikote, District Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kuchaikote P. S. Case No. 541 of 2022 dated 20.12.2022 registered for the offence punishable under Sections 398 and 401 of the Indian Penal Code and Sections 25(1-B) a, 26 and 35 Arms Act.

As per prosecution case, the petitioner along with two other co-accused were apprehended with the arms. From the petitioner, a knife was recovered while one loaded country made pistol with cartridges were recovered from co-accused Tiger Singh and iron fighter was recovered from co-accused Amir Khan. It is alleged that they were assembled with a plan to commit crime.

Patna High Court CR. MISC. No.20301 of 2023(2) dt.18-05-2023 2/2 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and there was no recovery from the petitioner as alleged by the prosecution. The petitioner having no criminal antecedent is in jail custody since 21.12.2022. Charge sheet has already been filed against the petitioner and there is no chance of his absconding or tampering with the evidence if released on bail. Learned counsel submits that the other co-accused persons namely, Amir Khan and Tiger Singh has already been granted bail by the learned Court below.

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

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Gopalganj in connection with Kuchaikote P. S. Case No. 541 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T