Masum Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27767 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Masum Ali S/o- Rabdin Miya @ Rabuddin Miya Village- Sareya Narendra, P.S. Barauli, Madhopur O.P., District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Adv For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barauli (Madhopur O.P.) P.S. Case No. 515 of 2023 dated 08.12.2023 registered for the offences punishable u/s 25(1-b)a/26(1)/ 35 of the Arms Act and u/s 8, 21(a), 22(K) of the N.D.P.S. Act.

3. As per the prosecution case, total 1.51 gms of smack kept in 4 puriya, one loaded country made pistol along with one live cartridge were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.27767 of 2024(3) dt.13-08-2024 2/2 this case. The seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Barauli (Madhopur O.P.) P.S. Case No. 515 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T