Patna High CourtCR. MISC./73054/2018allowed

Md. Kalu @ Md. Kallu @ Md. Irshad Kalu v. The State Of Bihar

2018-12-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73054 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- LODIPUR District- Bhagalpur ====================================================== MD. KALU @ MD. KALLU @ MD. IRSHAD KALU Son of Nizam @ Md. Nizam, a resident of Village- Habibpur, P.S.- Habibpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Lodipur P.S. Case No. 135 of 2018, disclosing offences under Sections 504, 506 of the Indian Penal Code and Sections 25(1b)a and 26 of Arms Act. Learned counsel for the petitioner is correct in his submission that some petty dispute between the informant and the petitioner, has resulted into lodging of the first information report. Allegedly, the petitioner was in possession of a countrymade pistol without any cartridge, which was seized by the informant himself and produced before the Police. Considering the circumstances, in which the first information report has been registered and the fact that the

Patna High Court Cr.Misc. No.73054 of 2018(2) dt.21-12-2018 2/2 petitioner has no criminal antecedent, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of learned C.J.M., Bhagalpur in Lodipur P.S. Case No. 135 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U