Talaha Saiful @Talha Sharful Bari @ Talha Saiful Bari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35270 of 2020 Arising Out of PS. Case No.-284 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== TALAHA SAIFUL @TALHA SHARFUL BARI @ TALHA SAIFUL BARI son of Abadul Bari @ Abdul Bari Resident of New Millat Colony, Sector II, P.S.- Phulwari Sharif, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Adv For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2020 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Phulwari Sharif PS Case No. 284/2020 registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.
3. The allegation, as per First Information Report, is that a country made loaded pistol has been recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and his name has falsely been implicated in this case at the behest of his neighbour. Learned counsel further submits that on the same date, another case bearing Phulwari Sharif PS Case
Patna High Court CR. MISC. No.35270 of 2020(2) dt.21-12-2020 2/3 No. 283/2020 was lodged against the petitioner under Sections 323, 324, 307 IPC and 27 of the Arms Act by his neighbour, namely, Lukman Khan alleging therein that the petitioner fired upon causing injury to him and two other persons.
5. Learned counsel next submits that petitioner has been granted bail in the said case i.e., Phulwari Sharif PS Case No. 283/2020 by the learned lower court itself. Learned counsel further submits that petitioner is a student of mechanical engineering and has got a bright career. In support of his submission, learned counsel relies upon an admit card which is annexed at Annexure-2.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 26.05.2020 and he is a student of mechanical engineering, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, TALAHA SAIFUL @TALHA SHARFUL BARI @ TALHA SAIFUL BARI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Kumar, learned Sub Judge-IX-cumAdditional Chief Judicial Magistrate, Patna/court concerned, in
Patna High Court CR. MISC. No.35270 of 2020(2) dt.21-12-2020 3/3 connection with Phulwari Sharif PS Case No. 284/2020.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T