Md. Irshad Alam @ Md. Isar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55465 of 2015 Arising Out of PS.Case No. -338 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Md. Irshad Alam @ Md. Isar son of Md. Akhtar Hussain, resident of Mohalla- Ganj Pathan Toli, Ward No. 3, P.S. Town Hajipur, DistrictVaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyabir Bharti For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with registered under Section 399, 402, 414/34 of the IPC, under section 25(1B)a, 26II/35 of the Arms Act and under section 3⁄4 of Explosive Substance Act.

The accusation against the petitioner is that the petitioner along with 11 others were apprehended by the police and in course of search one country made pistol with three alive cartridges were recovered from the possession of the petitioner whereas other accused persons were also found in possession of arms and ammunitions.

Patna High Court Cr.Misc. No.55465 of 2015 (2) dt.11-01-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that one country made pistol with three alive cartridges were recovered from the possession of the petitioner but the petitioner has no criminal antecedent and he is in custody since 05.07.2015. Further submission is that similarly situated accused Upnesh Kumar Singh has been allowed bail by a Bench of this court vide order dated 17.12.2015 passed in Cr. Misc. No. 55323 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur (Sadar) P.S. case No. 338 of 2015. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) BKS/- U T