Md.Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37833 of 2022 Arising Out of PS. Case No.-393 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Md.Afsar Alam Son Of Md. Aftab Alam Resident of village- Hathiyondha ward no. 10 P.S.- Bihariganj District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 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 Udakishunganj P.S. Case No. 393 of 2021 lodged under Sections 25(1-b)a, 26/35 of the Arms Act.

As per the prosecution case, the recovery of country made katta, one live cartridges and one mobile was alleged to be recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 28.12.2021 and

Patna High Court CR. MISC. No.37833 of 2022(2) dt.23-09-2022 2/3 remanded in this case on 13.12.2021. He further submits that there is only one case pending against the present petitioner and police has cleverly for one occurrence 2 F.I.R. has been lodged. Learned counsel for the petitioner submits that charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M Udakishunganj in connection with Udakishunganj P.S. Case No. 393 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.37833 of 2022(2) dt.23-09-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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