Abbas Mansuri @ Md. Abbas Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37818 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- DHURAIYA District- Banka ====================================================== ABBAS MANSURI @ MD. ABBAS MANSURI Son of Makbool Mansuri Resident of Village - Baijnathpur, P.S. - Dhoraiya, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 196 of 2020 registered for the offence under Sections 25(1-b)a and 26 of the Arms Act. One country made pistol is alleged to have been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Although, according to the

Patna High Court CR. MISC. No.37818 of 2021(3) dt.08-12-2021 2/3 prosecution, one country made pistol has been recovered from the possession of the petitioner but the petitioner has sufficiently been punished for the alleged recovery as he has been languishing in judicial custody since 09.08.2020 i.e. more than one year and half months.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner is having one more case other than the present one, which manifest from the paragraph-3 of the petition. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Banka in connection with Dhoraiya P.S. Case No. 196 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.37818 of 2021(3) dt.08-12-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T