Shamim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49656 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Shamim Alam Son of Sk. Sunad R/O Vill.- Jhumka, P.s.- Sikta, Dist.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Sikta P.S. Case No. 48 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 224, 225, 341, 342, 323, 332, 333, 307, 353, 354(B), 504, 506 of the Indian Penal Code and Section 25(1-A) & 35 of the Arms Act.
3. The prosecution case, in short, is that, 12 bore live cartridge have been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.49656 of 2024(3) dt.21-09-2024 2/3 the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. The alleged recovery of 12 bore live cartridge have been made from the joint house of the petitioner where other family members also reside. The petitioner has been remanded in this case on 03.05.2024 and has got eight criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sikta P.S. Case No. 48 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.49656 of 2024(3) dt.21-09-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Rajorshi/- U T