Md. Shahbuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22814 of 2020 Arising Out of PS. Case No.-132 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== MD. SHAHBUDDIN, son of Md. Rabban, Resident of Village- Bagwara, P.S.-Mufassil (Sidhaul), Distt- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-11-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

Allegation is recovery of one loaded country made pistol and two live cartridges from the possession of petitioner. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case at the instance of enemies. Nothing was recovered from the possession of petitioner. Petitioner is in custody since 21.10.2019.

Patna High Court CR. MISC. No. 22814 of 2020(3) dt.04-11-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Birpur P.S. Case No. 132 of 2019 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/rajivU T