Md. Taukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26325 of 2020 Arising Out of PS. Case No.-382 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== MD. TAUKIR Son of Md. Sultan Resident of Village - Devgan, P.S.- Bochahan, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Bochhan P.S. Case no. 382 of

Patna High Court CR. MISC. No.26325 of 2020(2) dt.13-10-2020 2/3 2019 instituted for the offence under Sections 414/34 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act . It is alleged that one loaded country made pistol and one live cartridge along with two mobile phone sets have been recovered from the petitioner. Based on such recovery, it is submitted by the petitioner's counsel that petitioner has been now in custody since 18.11.2019. He has no criminal antecedents and recovery is not in accordance with Section 100 Cr. P.C.

The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, 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 the ACJM- XIV, Muzaffarpur in connection with Bochahan P.S. Case No. 382 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.26325 of 2020(2) dt.13-10-2020 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U