Md. Kashif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25814 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== MD. KASHIF S/o Md. Yunus R/o Mohalla- Mandai, P.S.- Sultanganj, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Asgher Najmi, Adv.

For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and the State. The case is registered under Sections 25(1-b) and 26 of the Arms Act in connection with Bahadurpur P.S. Case No. 12 of 2022.

The allegation in the first information report is that the police upon information about delivery of illegal arms and cartridges, reached near Shaheen Nursing Home and on seeing police one person tried to escape, was intercepted and upon search, it is alleged that from his different pocket, 20 cartridges totaling 60 in number manufactured by Indian Ordinance Factory were recovered and as he failed to produce any paper he was arrested.

Learned counsel for the petitioner submits that the petitioner owns a furniture factory and due to some dispute with the police, the police implicated in this case. He further submits

Patna High Court CR. MISC. No.25814 of 2022(2) dt.12-08-2022 2/3 that he does not have any criminal antecedent and in this case he is languishing in custody since 15.01.2022 (as mentioned in paragraph 13 of the bail application).

Taking into account the fact that the petitioner has no criminal antecedent and is in custody since 15.01.2022 and the charge sheet has been submitted, he is directed to be released on bail in connection with the above case on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Ritu Kumari, Judicial Magistrate, 1st Class, Patna City, Patna, subject to the following conditions :

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bonafide.

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself.

(iii) he shall appear before the concerned Police Station every fortnight for next six months to mark his presence. (iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.25814 of 2022(2) dt.12-08-2022 3/3 criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Shamshad/- U T