Dilshad Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8137 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Dilshad Ahmad S/o Md. Rashid Alam @ Abdul Rashid , R/o VillageSadpura @Satpura, P.S.- Kazi Mohammadpur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Sakir Ahmad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ujiarpur P.S. Case No. 110 of 2017 registered under Sections 461, 379, 511, 414, 353 and 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The petitioner along with other accused persons are said to have been making attempt to break the lock of the shop and resorted firing on the police party on its arrival at the place of occurrence, but no one sustained injury. The petitioner was apprehended on the spot with one country made pistol and one live cartridge.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.8137 of 2018 (2) dt.21-02-2018 2/2 that no such occurrence as alleged ever took place. No incriminating article has been recovered from the conscious physical possession of the petitioner. He happens to be poor labourer and used to work in the house of the informant. On demand of his outstanding wages, the informant has falsely implicated the petitioner in the case taking the police in collusion. The petitioner has been languishing in custody since 01.07.2017. Earlier bail prayer of the petitioner was rejected by this court vide order dated 14.11.2017 with liberty to renew his prayer for bail after three months or framing of charge whichever happens earlier and now charge in the case has been framed on 14.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI, Samastipur in connection with Ujiarpur P.S. Case No. 110 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T