Shamim @ Sultan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10714 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================
1. Shamim @ Sultan Son of Ilyas, Resident of Village- Chandradei, Police Station- Araria (R.S.), District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 392 of the Indian Penal Code and Sections 25(1-b)a of the Arms Act.
Earlier this Court vide order dated 19.8.2016 passed in Cr. Misc. No. 32488 of 2016 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of one year in jail custody.
The petitioner is in custody since 27.1.2016 and he has already completed one year in jail custody.
Having considered the facts and circumstances of the case, let petitioner, Shamim @ Sultan, be released on bail on
Patna High Court Cr.Misc. No.10714 of 2017 (2) dt.08-03-2017 furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate V, Araria in connection with Araria (R.S.) P.S. Case No. 44 of 2016 (G.R. Case No.236 of 2016, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother, son or wife (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (iv) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. (Shivaji Pandey, J) Vinay/- U T