Rahim Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29254 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Rahim Hussain son of Mokhtar Master, Resident of Village- Khorampur, P.S- Mahammadpur, District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 399 and 402 of the Indian Penal Code and 25(1-b) a, 26 and 35 of the Arms Act.

Allegation against petitioner is that on secret information police personnel reached at Kamla Market and on chase apprehended petitioner and one another accused. On search, from the possession of the petitioner one loaded country made pistol, two live cartridges and two mobile phones were recovered. It has been submitted on behalf of the petitioner that he is in custody since 7.1.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. One country made pistol along with two live cartridges is said to have been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Code of Criminal Procedure.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.29254 of 2016 (3) dt.01-09-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Kuchaikote P.S. Case no. 7 of 2016.

(Sudhir Singh, J) sudip/- U T