Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22259 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Ali, son of Zahir Hussain @ Zihir, resident of Mohalla - Agarwa, P.S. - Motihari, Dist - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate.

For the Opposite Party : Mr. Pramod Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.

The petitioner seeks bail in Chhatauni P.S. Case No. 217 of 2016 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

The informant, police officer of Chhatauni police station, alleged that he got information that 8 - 10 persons had assembled near Robin Club, Bhawanipur Zirat and they were preparing to commit loot and murder. On raid, 10 persons were apprehended including the petitioner Md. Ali. From possession of the petitioner Md. Ali one country made pistol with eight live cartridges was recovered.

Learned counsel for the petitioner submits that Chhatauni P.S. Case No. 216 of 2016 was registered under

Patna High Court Cr.Misc. No.22259 of 2017 (2) dt.18-05-2017 2/2 Sections 398, 402 and other Sections of the Indian Penal Code and under Sections 20(B)/22 of the NDPS Act. It is further submitted that the petitioner is in jail since 06.09.2016. The petitioner has already remained in jail for more than 81⁄2 months. Considering the facts aforesaid and the facts that for recovery of one pistol eight live cartridges the petitioner had remained in jail for more than 81⁄2 months, the petitioner above named is directed to be enlarged on bail on furnishing 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, Motihari, East Champaran in Chhatauni P.S. Case No. 217 of 2016.

(Prabhat Kumar Jha, J.) KKSINHA/- U T