Hasmullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1000 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== HASMULLAH S/o Santu Miya Resident of Village - Chhawani, P.O. - Bettiah, Ward No. 3, P.S. - Manuapul O.P., District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 400, 402, 413, 414 of the Indian Penal Code and Section 25 (1-b)a, 26, 35 of the Arms Act.
On secret information that six criminals have stayed in the hut of Jagdish Yadav, a raid was conducted and apprehended all accused persons. On search one country made pistol, one live cartridge and one mobile was recovered from the
Patna High Court CR. MISC. No.1000 of 2021(2) dt.03-03-2021 2/2 possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that only one country made pistol and one live cartridge was recovered from the possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 22.01.2020.
Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 40 of 2020.
(Anjani Kumar Sharan, J) devendra/- U T