Kamaruddin @ Kamrooddin @ Ilias @ Md. Ilias @ Makara @ Makra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31189 of 2016 Arising out of PS.Case No. -441 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== Kamarudin @ Kamrooddin @ Ilias @ Md. Ilias @ Makara @ Makra, S/o Gulam Rasul, Resident of Village - Sherna Bashantpur, P.S. - Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 31-08-2016 Heard Mr. Sanjay Kumar @ S.K., learned counsel appearing for the petitioner and Mr. Narendra Kumar Singh, learned Additional Public Prosecutor for the State. This is a second attempt on the part of the petitioner to pray for bail having been taken into custody in connection with Kanti P.S. Case No.441 of 2015 for the offences punishable under sections 25(1-B) A, 26(ii) of the Arms Act. Recovery of a loaded pistol with cartridges led to the custody. It is taking into consideration the circumstances that the prayer for bail of the petitioner was refused with a liberty to renew his prayer after six months.

The petitioner has renewed his prayer through the present application and when Mr. Narendra Kumar Singh, learned APP submits that the statement made at paragraph 3 of

Patna High Court Cr.Misc. No.31189 of 2016 (5) dt.31-08-2016 the application is not correct since in the FIR itself, the involvement of the petitioner in another case is reflected. The position has been clarified by the petitioner vide a supplementary affidavit filed earlier and today a second supplementary affidavit has been filed seeking permission to withdraw the statement made at paragraph 3 of the bail application with a prayer to appropriately modify the statement made at paragraph 3. Considering the circumstances the apology is accepted and the statement made at paragraph 3 of this application is permitted to be accordingly modified in terms of the statement made in the supplementary affidavit.

Having heard learned counsel for the parties and considering the circumstances existing, let the petitioner, namely Kamarudin @ Kamrooddin @ Ilias @ Md. Ilias @ Makara @ Makra be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur in connection with Kanti P.S. Case No.441 of 2015.

(Jyoti Saran, J) SKPathak/- U T