Patna High CourtCR. MISC./1062/2019bail granted

Md. Irfan v. The State Of Bihar

2019-01-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1062 of 2019 Arising Out of PS. Case No.- 456 Year-2015 Thana- Civil Line District- Gaya ====================================================== Md. Irfan Son of Late Zaheer Khan, resident of Village- Hamzapur P.S Amas, District Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad For the Opposite Party/s :

Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

16-01-2019 Heard Mr. Sheikh Arkan Ahmad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 13-04-2018 in Civil Line P.S. Case No. 456 of 2015 registered for offence under Sections 25(1-B)A, 26, 27, 35 of Arms Act, 1959 and Sections 3⁄4 of the Explosive Substances Act, 1908, has prayed for grant of bail.

Earlier, the bail petition of the petitioner, vide Cr. Misc. No. 49491 of 2018, was disposed of on 10-10-2018. The earlier petition was disposed of after noticing the fact that though petitioner had remained in custody for 90 days, chargesheet was not submitted. However, it transpired that before the last order i.e. order dated 10-10-2018, the chargesheet was submitted on 01-10-2018, as stated in paragraph - 5 of the

Patna High Court Cr.Misc. No.1062 of 2019(2) dt.16-01-2019 2/2 petition, and as such, the petitioner was not entitled to get statutory bail. The prayer for bail has been made on the ground of parity also.

Learned counsel for the petitioner has drawn my attention to Annexure - 4 to the present petition to show that other two accused persons, almost in similar circumstance, namely Md. Rizwan @ Rizzu and Md. Shakil Mian have been granted bail.

Considering the nature of accusation as well as the fact that other two accused persons have been released on bail, let the petitioner namely Md. Irfan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ramesh Kumar, learned Judicial Magistrate 1st Class, Gaya in connection with Civil Line P.S. Case No. 456 of 2015. (Rakesh Kumar, J.) anay U T