Patna High CourtCR. MISC./44737/2021bail granted

Md. Jamsher v. The State Of Bihar

2022-03-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44737 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== MD. JAMSHER Son of Md. Murtja Resident of Village- Mubarak Chak, P.S.- Mufassil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Advocate.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Khagaria (Mufassil) P.S. Case No. 38 of 2021 for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act. As per the F.I.R., five country made pistol and five magazine were recovered from the possession of the petitioner and accordingly seizure list was prepared.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case merely on suspicion. Nothing has been

Patna High Court CR. MISC. No.44737 of 2021(3) dt.23-03-2022 2/3 recovered from conscious possession of the petitioner. Petitioner has clean antecedent and is in custody since 10.01.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the allegation made against the petitioner as well as period of custody, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Khagaria (Mufassil) P.S. Case No. 38 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take

Patna High Court CR. MISC. No.44737 of 2021(3) dt.23-03-2022 3/3 steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T