Md. Chhotu @ Md. Kalam @ Md. Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38231 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Md. Chhotu @ Md. Kalam @ Md. Kamal, son of Md. Islam, Resident of Village- Katehar, P.S.- Surajgarha, District- Lakhisarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Opposite Party : Mr. Sri Sanjay Kumar Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-09-2016 Supplementary affidavit has been filed mentioning therein that in para 4 of the main application, wrong facts have been typed, the correct fact is being disclosed in the supplementary affidavit. Keep it on the record. Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Lakhisarai (Kabaiya) P.S Case No. 147 of 2016 registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Section 25(1-B)A/26/35 of Arms Act.

Allegedly, from possession of the petitioner one country made katta and one .315 bore cartridge were recovered. Submission is of false implication and that nothing

Patna High Court Cr.Misc. No.38231 of 2016 (2) dt.30-09-2016 2/2 has been recovered from the conscious possession of the petitioner, he has been made victim of the circumstances, petitioner is in custody since 13.03.2016. Moreover, by now remaining in custody the petitioner has been sufficiently penalized, to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering the detention of the petitioner now, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai (Kabaiya) P.S. Case No.

147 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T