Md. Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58745 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- SINGHWARA District- Darbhanga ====================================================== Md. Anwar, S/O Md. Saheb Jan @ Mohammad Sehebjan Rain, R/o villageKatka, P.S.- Singhwara, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-04-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Singhwara P.S. Case No. 11 of 2021 for the offences punishable under Sections 399, 402, 120(B), 414, 467, 468 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

As per prosecution case, it is alleged that the police on a secret information nabbed four miscreants including this petitioner. On search, from the possession of this petitioner one country made pistol, five cartridges, one mobile and one

Patna High Court CR. MISC. No.58745 of 2021(2) dt.11-04-2022 2/3 motorcycle have been recovered.

It is submitted on behalf of learned counsel for the petitioner that so far as motorcycle is concerned that has been recovered from the joint possession of all accused persons and this petitioner has no concern with the same. It is next submitted that co-accused Naveen Kumar @ Navin Kumar Thakur, from whose possession arms has been recovered, has already been granted bail by the court below itself. A copy of the same has been produced before this Court, which is kept on record. It is further submitted that investigation has already been concluded and charge-sheet has also been submitted in the present case. The petitioner is in custody since 18.01.2021. On the other hand, learned APP appearing on behalf of State has drawn the attention of this Court towards the antecedent of the petitioner, as mentioned in para. 3 of the application.

In reply to the submissions made on behalf of the learned counsel for the State, it is submitted by the learned counsel for the petitioner that with regard to one occurrence multiple F.I.R. has been instituted and in all the cases, name of the petitioner has been separately implicated.

Patna High Court CR. MISC. No.58745 of 2021(2) dt.11-04-2022 3/3 petitioner is in custody since 18.01.2021 and moreover the investigation has already been completed and charge-sheet has also been submitted, apart from the fact that co-accused has already been granted bail by the court below itself, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Darbhanga in connection with Singhwara P.S. Case No. 11 of 2021 subject to the condition that one the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case. (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U