Samsher Ali @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1394 of 2019 Arising Out of PS. Case No.-487 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Samsher Ali @ Chhotu, Son of Akram Ali, Resident of Village- Khagora, Police Station- Dhanauti, District- Siwan.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Respondent/s :
Mr.Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Siwan Muffasil P.S. Case No. 487 of 2018 registered for the offence punishable under Sections 25(1-b)a/26 of the Arms Act.
Allegation against the petitioner is recovery of one country made pistol without cartridge.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 27.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in
Patna High Court Cr.Misc. No.1394 of 2019(2) dt.15-01-2019 2/2 connection with Siwan Muffasil P.S. Case No. 487 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U