Md. Samad @ Md. Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19570 of 2020 Arising Out of PS. Case No.-593 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== MD. SAMAD @ MD. SAHEB Son of Md. Naseem R/o- Golakpur, Imlitar, P.S.- Pirbahore, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the State :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 25(1-b)A/35 of the Arms Act.

Allegedly, one loaded pistol along with one cartridge is recovered from the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-09-2019. Charge sheet has already been submitted. One loaded pistol along with

Patna High Court CR. MISC. No.19570 of 2020(2) dt.03-09-2020 2/2 one cartridge is alleged to have been recovered. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Patna in connection with Kadamkuan P.S. Case No. 593 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T