Kamal Hussain @ Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48982 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== Kamal Hussain @ Kamal Son of Md. Israil @ Md. Ismail R/O- Chocha, P.S.- Baisi, Distt.- Purnia at present R/O - C/O - Mahanto Dey, Bhusmani, Ward No.- 12, P.S.- Dalkola, Distt.- Uttar Dinajpur (West Bangal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Sadar P.S. Case No. 105 of 2021 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.03.2021, and charge-sheet has been submitted in the case and has antecedent of four cases under the Excise Act as mentioned in paragraph '3' of the bail application Learned counsel for the petitioner submits that allegation is of recovery of a loaded country-made pistol with five live cartridges from the petitioner.

Patna High Court CR. MISC. No.48982 of 2021(2) dt.27-01-2022 2/2 Learned counsel for the petitioner submits that nothing was recovered from petitioner's possession and he has been falsely implicated in the present case based on his antecedent. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.03.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia in connection with Sadar P.S. Case No. 105 of 2021 with a condition that petitioner will keep marking his attendance in the concerned police station in between 25-30 of every month commencing from February, 2022 till the charges are framed and in the event it is reported by the concerned police station to the learned court below that the petitioner in between the aforesaid dates in any of the month till framing of charges has not marked his attendance, the court below will be at liberty to cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T