Md. Osaid Alam @ Arbaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34330 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== Md. Osaid Alam @ Arbaj Alam Son of Md. Kurban Alam @ Kurban Miya Resident of Village - Shikarganj, P.S.- Chiraiya (Shikarganj), District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar Mr. Hemant Ray, Advocates For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 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 Pakridayal P.S. Case No. 10 of 2024 dated 10.01.2024 registered for the offences punishable under sections 399 & 402 of the Indian Penal Code and u/ss 25(1-b)a/26/35 of the Arms Act.

3. As per the prosecution case, the petitioner and some miscreants were on two motorcycles and gathered to commit a crime. Four accused persons fled away and one person was apprehended from the place of occurrence. One country made

Patna High Court CR. MISC. No.34330 of 2024(2) dt.14-05-2024 2/3 pistol loaded with four cartridges and mobile phone 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 this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific overt act against the petitioner. The petitioner has concern with the alleged arms. The petitioner has nine criminal antecedents and he is on bail on two cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.01.2024.

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, East Champaran, Motihari in connection with Pakridayal P.S. Case No. 10 of 2024, with a 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

Patna High Court CR. MISC. No.34330 of 2024(2) dt.14-05-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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