Ayubuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9446 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Ayubuddin Jumman Ali Resident Of Village- Roiyama, P.S. Beldaur, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishweshwar Ram For the Opposite Party/s :

Ms. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Beldaur P.S. Case No. 232 of 2020, G.R. No. 2505 of 2020 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is that on search by the informant one country made masket with three live cartridges were recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and no

Patna High Court CR. MISC. No.9446 of 2021(2) dt.12-07-2021 2/2 incriminating article has been recovered from the conscious possession of the petitioner rather the said recovery of country made masket and three live cartridges were recovered from the wooden bex close to his courtyard. He submits that no any independent witness was found in a heavy populated village and only police constables were made witnesses which creates serious doubt of recovery. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of the bail application and has been languishing in custody since 23.08.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Beldaur P.S. Case No. 232 of 2020, G.R. No. 2505 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T