Patna High CourtCR. MISC./32514/2022bail granted

Ashif Jawed v. The State Of Bihar

2022-08-29Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32514 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== ASHIF JAWED S/o Salim Jawed Resident of Gobabari, P.S.- Kundwa, Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offence punishable under sections 25(9), 27, 30 and 35 of the Arms Act.

As per allegation, informant being police officer got a video clip and in that clip, a young boy was seen firing with firearm and he was identified as petitioner.

The main submissions advanced by Sri Anand Kishore Choudhary, the learned counsel appearing for the petitioner are that petitioner has been languishing in jail since 15.4.2022 and alleged firearm is stated to be licensee and no one sustained in the alleged firing.

Patna High Court CR. MISC. No.32514 of 2022(2) dt.29-08-2022 2/2 Sri Satya Nand Shukla, learned APP appearing for the State has opposed the prayer for bail.

Heard both sides and perused the FIR. Petitioner is alleged to have fired. Though allegation against the petitioner is serious but FIR goes to show that no one sustained injury in the alleged firing. Petitioner has been languishing in jail since 15.4.2022 and alleged firearm is stated to be licensee.

Considering these facts and custody period of the petitioner, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the 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 the Addl. Chief Judicial Magistrate V, Sikrahana at Dhaka, East Champaran in Kundwa Chainpur P.S Case No. 78 of 2022.

(Shailendra Singh, J) s.hassan/- U T