Patna High CourtCR. MISC./54871/2021bail granted

Shahnawaz Alam v. The State Of Bihar

2022-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54871 of 2021 Arising Out of PS. Case No.-171 Year-2021 Thana- BARHARIA District- Siwan ====================================================== SHAHNAWAZ ALAM, S/o Aftab Alam @ Azad R/o village- Almapur, P.S.- Jamobazar, District- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Barharia P.S. Case No. 171 of 2021, instituted for the offences under Sections 399, 402 of the Indian Penal Code and Sections 25(1B)a, 26, 35, 25(a-A), 26 (2) of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 19.06.2021, he is a person with clean antecedent, charge-sheet has been submitted and allegation is of recovery of loaded country-made pistol from the petitioner and at the instance of the petitioner, raids were conducted and a country-made Carbine with five bullets were recovered from the house of Arif Ali.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54871 of 2021(2) dt.16-02-2022 2/2 petitioner has been falsely implicated, nothing was recovered from his possession and is a person with clean antecedent. The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 19.06.2021, he is a person with clean antecedent, chargesheet has been submitted, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Siwan, in connection with Barharia P.S. Case No. 171 of 2021, with a condition that one of the bailor shall be the father of the petitioner (Aftab Alam @ Azad) and in the event if the petitioner is implicated in a case of similar nature, the Court blow shall forthwith cancel his bail bond.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T