Md Abibulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47369 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

MD ABIBULLA S/o Md. Salamat Resident of Village- Basauari, P.S. Ghoghardiha, District- Madhubani.

2.

Arbind Kumar S/o Digambar Mandal Resident of Village- Basauari, P.S. Ghoghardiha, District- Madhubani.

3.

Jay Kumar Mandal S/o Salyadeo Mandal Resident of Village- Basauari, P.S. Ghoghardiha, District- Madhubani.

4.

Mahesh Kumar Mandal @ Mahesh Kumar @ Mahesh Mandal S/o Laxmi Mandal Resident of Village- Basauari, P.S. Ghoghardiha, DistrictMadhubani. 5.

Md. Nizammuddin S/o Md. Tetar Resident of Village- Basauari, P.S. Ghoghardiha, District- Madhubani.

6.

Indrajeet @ Inarjit Kumar S/o Shankar Mandal Resident of VillageBasauari, P.S. Ghoghardiha, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

The petitioners are seeking regular bail in

Patna High Court CR. MISC. No.47369 of 2022(2) dt.30-11-2022 2/3 connection with Andhramath P.S. Case No. 59 of 2022, under Sections 414, 120B of the Indian Penal Code and Section 25[1-B (a)], 26 , 34 of the Arms Act. The learned counsel for the petitioner has submitted that no arms were recovered from the possession of the petitioners, only some cartridges were recovered from their possession. The petitioners are the persons of clean antecedents and they are under custody since 24.04.2022.

Considering the above-mentioned facts and circumstances especially the clean antecedents of the petitioners , let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur in connection with Andhramath P.S. Case No. 59 of 2022 subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in

Patna High Court CR. MISC. No.47369 of 2022(2) dt.30-11-2022 3/3 future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T