Md Hiru @ Hirwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29620 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Md Hiru @ Hirwa S/o Md Shahbuddin R/o Bhikhanpur Gumti no 3 Near Pani Tanki, P.S. - Ishakchak, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 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 Alouli P.S. Case No. 443 of 2023 dated 16.09.2023 registered for the offences punishable u/ss 25(1-B)a, 26(i) and 35 of the Arms Act.

3. As per the prosecution case, one loaded countrymade pistol and one live cartridge were recovered from the possession of the petitioner. Further, one loaded country-made pistol, two live cartridges, two mobile phones, helmet and a motorcycle were recovered from the hut of the co-accused, Md. Sahzad.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.29620 of 2024(2) dt.30-04-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 16 other criminal cases out of which he is on bail in 8 cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2023

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 as well as the period of custody, the petitioner abovenamed, 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, Khagaria in connection with Alouli P.S. Case No. 443 of 2023, with the condition :- (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 bonds of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty

Patna High Court CR. MISC. No.29620 of 2024(2) dt.30-04-2024 3/3 to move for cancellation of his bail bonds.

7. The application stands allowed.

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