Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54725 of 2016 Arising Out of PS.Case No. -385 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Md. Irfan, son of Md. Akhter Sah, residence of village-Premdiha, P.S.- Halsi, District-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Irshad, Advocate For the Opposite Party/s : Mr. Sri Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Lakhisarai( Kawaiya) P.S. Case No. 385 of 2016 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act. The petitioner is named in the F.I.R.

It has been submitted on behalf of the petitioner that as a matter of fact, the petitioner was not arrested from the spot, but co-accused was arrested and the co-accused has named the petitioner in this case and nothing has been recovered from the possession of the petitioner, the petitioner has no criminal antecedent and he is in custody since 26.07.2016. Heard the learned APP also.

Patna High Court Cr.Misc. No.54725 of 2016 (2) dt.20-12-2016 2/2 Having heard both sides, in view of the fact that there is no recovery from the possession of the petitioner, the petitioner has no criminal antecedent and he is remained in custody since 26.07.2016, let the petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kawaiya) P.S. Case No. 385 of 2016, subject to the condition that one of the bailors will be his family members, having sufficient immovable property within the jurisdiction of the concerned court and the petitioner will cooperate in the trial or investigation and shall present himself before the police / court, as the case may be, as and when required and the event of failure of his part to appear before the court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) ajaypd./- U T