Jakir Hussain @ Zakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24162 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Jakir Hussain @ Zakir Hussain, Gender-Male, aged about 23 years, son of Sagir Miya, Resident of Village- Safapur, P.S.- Manjhagarh, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 413 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, it is a case of recovery of some fire arms from the accused persons. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that there is no recovery from the possession of the petitioner, hence, no offence under the Arms Act is made out against the petitioner as stated in para-9 of the petition. Petitioner is in custody since 20.10.2023.

Patna High Court CR. MISC. No.24162 of 2024(2) dt.04-04-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 08.02.2024, it appears that two mobile phones were recovered from the possession of the petitioner but no fire arms were recovered from his conscious possession, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Vijaipur P.S. Case No.318 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XIV, Gopalganj. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to be present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T