Patna High CourtCR. MISC./49058/2023bail granted

Md. Ishatiyak @ Md. Ishatiyak Mansuri @ Md. Isteyak Nadaf @ Md. Istiyak Mansuri @ Istiyakh Mansuri v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49058 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Ishatiyak @ Md. Ishatiyak Mansuri @ Md. Isteyak Nadaf @ Md. Istiyak Mansuri @ Istiyakh Mansuri Son Of Md. Harun Nadaf Resident Of Village - Bhalhi, Police Station - Bathnaha, District - Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sitamarhi P.S. Case No. 139 of 2023 dated 28.02.2023 registered for the offences punishable u/ss 399, 402 & 413 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

Patna High Court CR. MISC. No.49058 of 2023(2) dt.16-08-2023 2/3

4. As per the prosecution case, one loaded countrymade pistol, one Samsung mobile phone, one TVS motor cycle, screw driver and one small knife were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in eleven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 learned Court concerned, Sitamarhi in connection with Sitamarhi P.S. Case No. 139 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.49058 of 2023(2) dt.16-08-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T