Taukir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22121 of 2020 Arising Out of PS. Case No.-330 Year-2016 Thana- SIKARPUR District- West Champaran ====================================================== TAUKIR ALAM S/o Md. Sabir Khan Resident of Purani Bazar, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anujit Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Shikarpur P.S. Case No. 330 of 2016, registered for the offence punishable under Sections 25(1-b), 26 and 25 of the Arms Act.

As per the FIR, on the basis of confessional statement of the petitioner, who is accused in Shikarpur P.S. Case No. 328 of 2016, the informant surrounded the house of Munna Mian and started raiding. During raid, one country made rifle, one country made double barrel gun, 12 live cartridges of 12 bore were recovered from the house of Munna Mian. When the

Patna High Court CR. MISC. No.22121 of 2020(2) dt.25-08-2020 2/3 informant demanded paper of arms and cartridges from the wife of Munna Mian, she did not produce any paper. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner committed no offence. Recovery is made from the house of coaccused Munna Mian. Nothing has been recovered from possession of this petitioner. Moreover, Munna Mian has been granted bail by this court vide order dated 01.07.2017 passed in Cr. Misc. No. 27292 of 2017. Petitioner is in custody since 28.03.2018.

Considering the aforesaid facts and circumstances of the case and the period of custody of petitioner, the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 330 of 2016,. subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.22121 of 2020(2) dt.25-08-2020 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T