Md. Naseem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37294 of 2022 Arising Out of PS. Case No.-292 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.
Md. Naseem Son of Md. Kashim @ Md. Kashim Alam, R/o Village- Saharsa Basti, Ward No.-33, P.S.- Saharsa, District- Saharsa. 2.
Md. Akbar Son of Md. Samim Alam, R/o Village- Saharsa Basti, Ward No.- 33, P.S.- Saharsa, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar Singh For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with Saharsa P.S. Case No. 292 of 2022, lodged under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of Arms Act.
As per the prosecution case, the Police has got information that some group are going to commit a crime and upon raid the petitioners were apprehended and from their possession country made pistol and live cartridges were
Patna High Court CR. MISC. No.37294 of 2022(2) dt.22-09-2022 2/2 recovered.
Learned counsel for the petitioners submits that the petitioners are in custody since 14.04.2022 and charge sheet has already been filed in this case. Learned counsel for the petitioners submits that there is one case pending against them in which they are on bail.
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 petitioners at present, but liberty is hereby granted to the petitioners that they may renew their prayer for bail after 6 months from the date of passing of this order and upon move for bail before the Trial Court after 6 months, the Trial Court shall release them on bail imposing its own conditions so that they may not evade their appearance from trial.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) ritik/- U T