Md Seraj Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35769 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Md Seraj Ali Son Of Md. Niyaju Ali Resident of Mohalla- Chiktoli, P.s.- Sasaram Nagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Dubey, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sasaram (T) Darigaon P.S. Case No. 102 of 2022 lodged under Sections 25(1-b)a/26/35 of the Arms Act.

As per the prosecution case, the recovery of arms has been made by the information disclosed by the petitioner. There are 2 accused persons in the F.I.R.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The case has been filed by the police indicating that the recovery has been made from a bush upon the information disclosed by the

Patna High Court CR. MISC. No.35769 of 2022(2) dt.19-09-2022 2/3 petitioner, meaning thereby, that the said recovery has not been made from the conscious possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 05.02.2022 that is near about seven and half months. He further submits that his antecedent is clean. 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, 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 CJM at Sasaram, Rohtas in connection with Sasaram (Nagar), Darigaon P.S. Case No. 102 of 2022, 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.

Patna High Court CR. MISC. No.35769 of 2022(2) dt.19-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the 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.) ashishsingh/- U T