Zafar Eqbal v. The State Of Bihar

Patna High Court Cr.Misc. No.16998 of 2017 (2) dt.01-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16998 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Zafar Eqbal, Son of Late Saukat Jawed, resident of Village- Shahjuma Mohalla- Power House, Sasaram, Police Station- Sasaram, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Singh Mr. Anil Kumar For the Opposite Party/s : Mr. Madura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 218 of 2016 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1b)a, 26 (ii) of the Arms Act. Allegedly, the petitioner was apprehended and from his possession one country made loaded pistol was recovered and further 17 live cartridges in magazine were recovered besides the mobiles and other papers and ATM Cards.

Submission is of false implication and that nothing has been recovered from his conscious possession and the petitioner has been made victim of circumstances and as such the petitioner deserves sympathetic consideration as he is suffering in custody

Patna High Court Cr.Misc. No.16998 of 2017 (2) dt.01-05-2017 since 27.12.2016 having no criminal antecedent. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named shall be released after completion of six months in custody on bail 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 Sub-Divisional Judicial Magistrate, Aurangabad in connection with Daudnagar P.S. Case No. 218 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