Md. Nazrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59620 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- BHARGAMA District- Araria ====================================================== MD. NAZRUL S/O Enus R/O Ward No. 3, Mahathawa Bazar, Sirsia, Hanumanganj, Police Station- Bhargama, Distt.- Araria-854334. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2023 Heard Mr. Kumar Ravish, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Bhargama P.S. Case No. 102 of 2023, F.I.R. dated 15.04.2023 registered for the offences punishable under Sections 25(1-B) a/26/35 of the Arms Act.

3. The case relates to recovery of Katta.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case on the basis of confessional statement of coaccused person namely Md. Qayum. He further submits that it appears from the F.I.R. nothing has been recovered from the possession of the petitioner and except the confessional

Patna High Court CR. MISC. No.59620 of 2023(3) dt.06-12-2023 2/3 statement of co-accused, no other material has come to suggest the involvement of the petitioner in the present occurrence and petitioner has no concern with the alleged recovery or the coaccused person.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner on the ground that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the petition that the petitioner is on bail in the pending case. .

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 102 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.59620 of 2023(3) dt.06-12-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T