Murshid @ Murshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41418 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- ARARIA District- Araria ====================================================== MURSHID @ MURSHID ALAM Son of Habibur Rahman Resident of village Haldia, Ward No. 13 Police station Simraha, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Araria P.S. Case No. 48 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, there is alleged recovery of one live cartridge from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 16.01.2022. Petitioner bears no criminal antecedent. Co-accused Akbar @ Md. Akbar and Khalid on same allegation have already been granted bail vide Cr. Misc. No. 22056 of 2022 and 31157 of 2022 respectively

Patna High Court CR. MISC. No.41418 of 2022(2) dt.15-11-2022 2/3 and the case of present petitioner stands on similar footing. Petitiner is quite innocent and has falsely been implicated in this case due to ulterior motive and self grudge of the informant. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, co-accused persons have already been granted bail and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 48 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

Patna High Court CR. MISC. No.41418 of 2022(2) dt.15-11-2022 3/3 (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T