Md Ishtaq @ Istiyaque @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37644 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- DUMRAO District- Buxar ====================================================== MD ISHTAQ @ ISTIYAQUE @ GUDDU S/O MD ABBAS @ ABAS ALAM R/o village- Dhelwani Mohalla, Dumraon, P.S.- Dumraon, DistrictBuxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Baxi SRP Sinha, Sr. Advocate Mr. Brajesh Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Mr. Baxi SRP Sinha, learned senior counsel for the petitioner and Mr. Akhileshwar Dayal, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Dumraon P.S. Case No. 22 of 2021 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code 1860, Sections 25(1-b)a, 26 and 35 of the Arms Act. The Police got information that 7-8 miscreants have assembled at the place of occurrence and were planning to commit the crime, proceeded stewards the place of occurrence and upon seeing the Police Party, the accused persons started fleeing away. However, they were apprehended by the Police

Patna High Court CR. MISC. No.37644 of 2021(2) dt.07-01-2022 2/3 and from possession of the petitioner two live cartridges of 3.15 bore were recovered.

Learned senior counsel for the petitioner submits that from perusal of the seizure list it would be evident that only two cartridges of 3.15 bore were recovered from possession of the petitioner. Learned counsel further submits that the petitioner has got no criminal antecedent, he is in custody since 14.01.2021 and other co-accused person has been granted bail by this Court in Cr. Misc. 33543 of 2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 14.01.2021 and other co-accused has been granted bail by this Court in Cr. Misc. 33543 of 2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No. 22 of 2021. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.37644 of 2021(2) dt.07-01-2022 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T