Md. Isteyak @ Md. Isteyak Nadaf @ Md. Isteyak Mansoori @ Isteyak Mansoori v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45324 of 2024 Arising Out of PS. Case No.-116 Year-2022 Thana- BELA District- Sitamarhi ====================================================== Md. Isteyak @ Md. Isteyak Nadaf @ Md. Isteyak Mansoori @ Isteyak Mansoori son of Harun Nadaf @ Harun Mansoori Village- Bhalahi PsBathnaha Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 69 of 2023 arising out of Bela P.S. Case No. 116 of 2022 dated 06.05.2022 registered for the offences punishable u/ss 399, 402, 414 of the Indian Penal Code and section 25(1-b)a, 26 and 35 of the Arms Act and 8/20(B) (ii)(C) / 22 of the NDPS Act.
3. As per the prosecution case, one loaded country made pistol, a loaded magazine having four live cartridges, one kg Charas, an empty magazine, two mobiles and one motorcycles were recovered from the possession of the coaccused, Md. Hasim Laheri. One country made Katta, two live
Patna High Court CR. MISC. No.45324 of 2024(2) dt.25-07-2024 2/3 cartridges, 1 kg Charas and one mobile phone were recovered from the possession of the co-accused, Deep Narayan Mahto. One loaded country made pistol, two live cartridges and mobile phone were recovered from the possession of the co-accused, Md. Sadik. One mobile phone was recovered from the possession of the co-accused, Santosh Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Md. Hasim Laheri. The other co-accused person has already been granted bail by this court vide order dated 03.05.2024 passed in Cr. Misc. No. 39260/2023. The petitioner has 12 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.45324 of 2024(2) dt.25-07-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sessions Trial No. 69 of 2023 arising out of Bela P.S. Case No. 116 of 2022, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of their bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T