Patna High CourtCR. MISC./37453/2022bail granted

Md. Sahil @ Soldier @ Md. Sahil v. The State Of Bihar

2022-09-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37453 of 2022 Arising Out of PS. Case No.-532 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Md. Sahil @ Soldier @ Md. Sahil S/o. Md. Javed, Resident of VillageBakhtiyarpur Purani Bazar, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv.

Mr. Pradhan Murli Manohar Prasad, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP.

====================================================== 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 petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Islampur P.S. Case No. 532 of 2021, lodged under Sections 25(1-b)a, 26 of the Arms Act.

As per the prosecution case, the recovery of Desi Katta and one live cartridge has been made from the possession of 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 22.10.2021,

Patna High Court CR. MISC. No.37453 of 2022(2) dt.22-09-2022 2/3 charge sheet has already been filed in this case. He further submits that there is one criminal case pending against the petitioner, which is not of Arms Act and he is on bail in said case. He further submits that petitioner is ready to fulfill all the conditions whatsoever, shall be imposed upon him by the Court.

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 Judicial Magistrate-1st Class, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 532 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.

Patna High Court CR. MISC. No.37453 of 2022(2) dt.22-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

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