Md. Aamir @ Botla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54778 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Md. Aamir @ Botla S/O Late Mazar Alam R/O Village Bari Khasganj Ps Sohsarai District Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sohsarai P.S. Case No. 74/2024 dated 21.03.2024 registered for the offence punishable u/s 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one live cartridge, iron rod and a mobile phone were recovered from the possession of the petitioner when he along with the other co-accused persons was making preparation to commit crime.

Patna High Court CR. MISC. No.54778 of 2024(2) dt.20-08-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other coaccused person has already been granted bail by this court vide order dated 19.08.2024 passed in Cr. Misc. No. 53617 of 2024. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2024.

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

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 74/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every

Patna High Court CR. MISC. No.54778 of 2024(2) dt.20-08-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T