Nizamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40341 of 2017 Arising Out of PS.Case No. -355 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nurain Alam,

2. Meraz Ansari Both Sons of Anwar Ansari, R/o village- Mathwa, P.S.- Turkaulia, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40589 of 2017 Arising Out of PS.Case No. -355 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nizamuddin Son of Noor Hasan, Resident of Village-Mathwa, P.s.- Turkaulia, District-East Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.40341 of 2017) For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh (In Cr.Misc. No.40589 of 2017) For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.

The petitioners seek regular bail in both the cases in connection with Turkauliya P.S.Case No.355 of 2017, registered for offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

Allegation against the petitioners is of recovery of

Patna High Court Cr.Misc. No.40341 of 2017 (2) dt.25-08-2017 2/2 two cartridges from their possession.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case and they are in custody for more than two months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Turkauliya P.S.Case nO.355 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T