Shamshad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40713 of 2019 Arising Out of PS. Case No.-547 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== SHAMSHAD ALI Son of Hasan Imam Resident of Village - Chamra Mandi, P.S.- Siwan Town, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Siwan Town P.S. Case No. 547 of 2018, instituted for the offence under Section(s) 399, 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of Arms Act.

It is alleged in the written report that one loaded country made pistol and three live cartridges have been recovered from possession of the petitioner.

Petitioner is in custody since 31.8.2018.

Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.40713 of 2019(2) dt.05-07-2019 2/2 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Town P.S. Case No. 547 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner. .

(Sanjay Priya, J) S.Ali/- U T