Tasir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35384 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== TASIR ALAM Son of Rojid Mian RESIDENT OF VILLAGE AJGARI MASJID TOLA, PS- BANJARIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Abhishek Kumar, Advocate For the Opposite Party/s :

Dr Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Harsidhi PS Case No 185 of 2023 dated 17.03.2023 registered for the offence punishable under Sections 399, 402, 413, 414 of the IPC, Sections 25 (1-b) a, 26, 35 of the Arms Act and Sections 8 (b), (ii) (c) of the NDPS Act.

As per the prosecution case, one live cartridge was recovered from the possession of the petitioner, 1.444 kgs of Charas was recovered from the bag of co-acused Shiv Kumar Sahani and one country made pistol and mobile phone were recovered from the possession of the co-accused Dipak

Patna High Court CR. MISC. No.35384 of 2023(2) dt.24-07-2023 2/2 Chaubey.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears two criminal antecedents, as stated in paragraph 3 of the bail petition in which he is on bail. He is in custody in this case since 17.03.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge/Special Judge, Motihari, East Champaran in Harsidhi PS Case No 185 of 2023 dated 17.03.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T