Md. Hassan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34351 of 2022 Arising Out of PS. Case No.-294 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== MD. HASSAN ALI S/o Md. Majo Miyan Resident at Katapar Kona Sarai, P.S.- Laheri District- Nalanda, at Present at Tenant in the House of Suresh Yadav, Sipara Gumti, P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-07-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Jakkanpur Police Station Case No. 294 of 2020, registered for the offences punishable under Sections 400/401 of the Indian Penal Code and Sections 25 (1-B)A/26 of the Arms Act. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn, vide order, dated 09.03.2022, passed in Criminal Misc. No. 32159 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.

The prosecution case, as per the First Information

Patna High Court CR. MISC. No.34351 of 2022(2) dt.06-07-2022 2/3 Report, is that one country-made pistol along with one live cartridge was recovered from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 09.03.2022. He further submits that the petitioner is in custody since 20.06.2020 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

After having heard learned Counsel for the parties and taking into consideration the observation made by this Court, in the order, dated 09.03.2022 and the fact that the petitioner is in custody since 20.06.2020, charge sheet has already been submitted and this is second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Patna, in connection with Jakkanpur Police Station Case No. 294 of 2020. This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.34351 of 2022(2) dt.06-07-2022 3/3 present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √