Patna High CourtCR. MISC./34826/2022bail rejected

Samirul Haque Khan v. The State Of Bihar

2022-09-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34826 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Samirul Haque Khan S/O Kitabuddin Khan Resident of Village- Lauwa, P.S.- Barharia, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Barharia P.S. Case No. 159 of 2022 lodged under Sections 25(1b) a/26/35 of the Arms Act. As per the F.I.R., the petitioner was apprehended from the place of occurrence with one country made pistol and 5 live catridges has alleged to be recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that he is innocent and committed no offence. He further submits that under conspiracy the present case has been lodged against him.

Patna High Court CR. MISC. No.34826 of 2022(2) dt.16-09-2022 2/2 He further submits that petitioner is in custody since 12.04.2022, charge sheet has already been filed and there is only one case pending against him in which he is on bail. He further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner but liberty is hereby granted that he may renew his prayer for bail after completion of one year of custody or 3 months of framing of charge whichever is earlier. With this observation, the bail application stands rejected.

(Dr. Anshuman, J) prakashmani/- U T