Sahajad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42356 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Sahajad Alam Son of Akbar Mian Resident of Gora Belwa, P.S. - Sanichari, distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lauriya P.S. Case No. 61 of 2023 lodged under Sections 399, 402, 413, 414 of the I.P.C. read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the recovery of arms (one pistol and two live cartridges) has alleged to be made from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that from the contents of F.I.R., it transpires that the alleged occurrence was said to be made on 11.03.2023 but the case was forwarded before the Court on 13.03.2023. He submits that the F.I.R. has been lodged on 12.03.2023.

Patna High Court CR. MISC. No.42356 of 2023(2) dt.14-07-2023 2/2 According to him, there is discrepancy in the F.I.R., seizure and production of petitioner before the concerned Court.

5. Counsel further submits that when the case has been lodged, there was no criminal antecedent against the petitioner and he is in custody since 13.03.2023.

6. Counsel further submits that during custody, another case has been lodged against the petitioner in which he has been remanded.

7. Learned counsel for the State opposes the prayer for bail.

8. 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 A.C.J.M., 1st, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 61 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

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