Meraj Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25628 of 2022 Arising Out of PS. Case No.-244 Year-2021 Thana- THAWE District- Gopalganj ====================================================== MERAJ ALI S/o Jaijul Mian Resident of Village- Purani Chowk, Gopalganj, P.S. and District- Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harendra Prasad For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-01-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Thawe P.S. Case No. 244 of 2021, registered for the offences punishable under Sections 399, 402, 413, 414 and 120(B) of the Indian Penal Code and Sections 25 (1-b)a, 26 and 35 of the Arms Act.
The prosecution case as emerges from the FIR is that the informant got secret information that some miscreants are assembling at Pulia of Pithauri village. Thereafter police team reached at the place of occurrence and on search of the petitioners found arm, ammunition and
2/4 some articles.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that search and seizure has not been made as per the procedure as prescribed under Cr.P.C. He further submits that similarly situated other co-accused, namely, Vivek Kumar Singh has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 09.12.2022 passed in Cr. Misc. No. 47915 of 2022.
He further submits that the petitioner has been languishing in jail since 28.11.2021.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
3/4 opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 244 of 2022 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
4/4 below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) uttam/- U T