Rustam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38544 of 2020 Arising Out of PS. Case No.-279 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== RUSTAM KHAN, Son of Md. Moin Khan Resident of Village- Manjhney, P.S. Gawan Masjid, District- Giridih. At present Sinha Lodge, Naya Tola, P.S.- Kadamkuan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.

The police got information that in a birthday party, firing is being resorted to. When the police reached, used cartridges were found at the roof of the house and from a room 10 persons were apprehended including the petitioner. From beneath the bed in that room, two pistols were recovered. Submission is that the recovery was not from conscious possession of the petitioner. Petitioner has got no criminal antecedent. Petitioner is in custody since 03.07.2020.

Patna High Court CR. MISC. No.38544 of 2020(2) dt.26-02-2021 2/2 Investigation of the case is already complete. Other co-accused have already been allowed bail by different co-ordinate Benches of this Court.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kadam Kuan P.S. Case No. 279 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T