Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42707 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- KHIRI MORE District- Patna ======================================================

1. MD. AZAD, son of Md. Islam, resident of village Khusdihra, P.S. Khirimore, Distt. Patna.

2. Md. Shakil Ansari, son of late Ashraf Ali, resident of village Khusdihra, P.S. Khirimore, Distt. Patna.

3. Md. Arman Kha, son of late Kasim Kha, resident of village Jamharu, P.S. Khirimore, Distt. Patna.

4. Suresh Singh, son of late Vansh Narayan Singh, resident of village Jamharu, P.S. Khirimore, Distt. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahboob Ashraf For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Khirimore P.S. Case No. 10 of 2019 (Special Case No. 1555 of 2019), instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 353, 333, 399, 402 of Indian Penal Code, Sections 25(1B)(a), 26, 27, 35 of the Arms Act, Sections 30(a), 37(b)(c) and 38(ii) of Bihar Prohibition & Excise Act, 2016.

It is alleged in the written report that one country made pistol and two live cartridges have been recovered from possession of petitioner No. 1, one country made pistol and three live cartridges have been recovered from possession of petitioner No. 2, one country made pistol, two live cartridges and one misfire cartridge have been

Patna High Court CR. MISC. No.42707 of 2019(2) dt.16-07-2019 2/2 recovered from possession of petitioner No. 3 and one Desi Carbine along with six live cartridges have been recovered from possession of petitioner No. 4.

Counsel for the petitioners submits that petitioners are in custody since 11.2.2019 having clean antecedent. He further submits that other co-accused have already been granted bail by coordinate Benches of this Court vide orders dated 23.4.2019, 23.5.2019, 28.5.2019 and 3.7.2019 passed in Cr. Misc. 26509 of 2019, 33883 of 2019, 35033 of 2019 and 40922 of 2019 respectively. Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Khirimore P.S. Case No. 10 of 2019 (Special Case No. 1555 of 2019), subject to the condition that both the bailors will be close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T