Patna High CourtCR. MISC./28989/2019bail granted

Md. Saddam v. The State Of Bihar

2019-05-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28989 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== MD. SADDAM Son of Md. Abdul Sattar Resident of Village- Shah Ki Imli Nanhu Miya Ke Makan Mai Kirayedar, P.S.- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Spl. Case No. 1396/2019, arising out of Khajekala P.S. Case No. 74/2019, instituted for offence under Section(s) 506, 307/34 of the Indian Penal Code read with Sections 37(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016 as well as Sections 25(1-b)A, 26, 35 and 27 of Arms Act.

Learned counsel for the petitioner has submitted that there is no recovery of any firearm from possession of this petitioner. Recovery of two live cartridges have been made from possession of Ravi Kumar. Allegation against this petitioner is that he was found to be drunken by breath analyzer test. It is mentioned in para 3 of bail petition that one more

Patna High Court CR. MISC. No.28989 of 2019(2) dt.06-05-2019 2/2 case of Excise Act is pending against this petitioner. Petitioner is in custody since 07.02.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Spl. Judge, Excise, Patna, in connection with Spl. Case No. 1396/2019, arising out of Khajekala P.S. Case No. 74/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T