Md. Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26150 of 2020 Arising Out of PS. Case No.-243 Year-2019 Thana- DHARHARA District- Munger ====================================================== Md. Husain, aged about 24 years, Male, son of Md. Mustfa Resident of Village-Mirzapur Bardah, P.S.-Muffasil, District-Munger. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Kamal Kishore Jha, Advocate For the Opposite Party :

Mr.Navin Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 83/2020 arising out of Dharhara P.S. Case No. 243 of 2019 for the offence under Sections 25(1-A), 25(1B)A, 26(i)(ii)(iii) and 35 of the Arms Act. Learned counsel appearing on behalf of the petitioner would submit that the petitioner is in custody in the present case since 28.11.2019.

Learned counsel appearing on behalf of the State would submit that it would not be appropriate to release the petitioner as his release may adversely affect conduct of the fair election.

Considering the fact that the petitioner is in custody

Patna High Court CR. MISC. No.26150 of 2020(2) dt.12-10-2020 2/2 since 28.11.2019, the court of Additional Sessions Judge-I, Munger is directed to release the petitioner on bail on appropriate terms and conditions after result of General Election in the State of Bihar is declared i.e. after 10th November, 2020. With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) BT/- U