Md. Naiyar Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.4629 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4629 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -JAMALPUR District- MUNGER ====================================================== Md. Naiyar Alam Son of Tauhid Uddin Resident of Village- Hajratganj Bada, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sushmita Mishra For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Jamalpur P.S. Case No. 126 of 2016 registered for the offences punishable under Sections 25(1-B)a,26 (1) (ii) and 35 of the Arms Act. Allegedly, from possession of the petitioner 100 cartridges of .315 Bore and from possession of co-accused Rabbani Alam also 100 cartridges of .315 Bore were recovered and no paper was produced.

Submission is of false implication and that nothing was recovered from conscious possession of the petitioner, everything has been planted, the petitioner is a patient of Heart Disease, without any fault he is suffering in custody since 27.09.2016, there is neither sanction report nor FSL report is available on the record and as such the petitioner having no criminal antecedent deserves

Patna High Court Cr.Misc. No.4629 of 2017 (2) dt.09-03-2017 sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 126 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T