Patna High CourtCR. MISC./36428/2016bail granted

Danish Rahman v. The State Of Bihar

2016-08-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.36428 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36428 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Danish Rahman, son of Md. Farhan, resident of Village- Dharampur, Ward No.-9, P.S.- Samastipur Town, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 30.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 414 of the Indian Penal Code and sections 25 (I-b)A, 26,35 of the Arms Act.

One country made loaded katta, ATM card, Adhar card and motorcycle were recovered from the conscious possession of the petitioner when petitioner and two others were caught by the informant and other police officials.

Learned counsel for the petitioner submits that seized motorcycle belongs to brother of the petitioner which is evident from perusal of annexure 2. Similarly, ATM card belongs to the petitioner. It is further submitted that so far as recovery of country made loaded katta is concerned, the same is nothing but only highhandedness of police.

Patna High Court Cr.Misc. No.36428 of 2016 (2) dt.30-08-2016 No doubt, petitioner carries criminal antecedent but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Samastipur Town P.S. Case no. 169/2016. shahid (Hemant Kumar Srivastava,J) U T