Ashiq Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57386 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Ashiq Shekh S/o Gaphar Shekh R/o vill - Vishanpur Adhar, P.S. - Kanhauli, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2024

1. Heard learned counsel for the petitioner and learned APP for the State Mr. Ravindra Kumar.

2. The petitioner seeks bail in connection with Sessions Trial No.341/2024, arising out of Kanhauli P.S. Case No.24 of 2024 registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of one loaded country made pistol from his possession. It is further submitted that petitioner is in custody since 23.02.2024 and charge sheet has been submitted and charges have been framed.

4. Learned A.P.P. Mr. Ravindra Kumar opposes the prayer for bail of the petitioner and submits that petitioner has

Patna High Court CR. MISC. No.57386 of 2024(2) dt.22-11-2024 2/2 antecedent of four cases and in the event if privilege of bail is granted to the petitioner, the petitioner may abscond, on which, the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will co-operate in the trial to prove his innocence.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sessions Trial No.341/2024, arising out of Kanhauli P.S. Case No.24 of 2024.

6. Further, one of the bailors of the petitioner shall be his father, namely, Gaphar Shekh.

7. It is further made clear that in the event if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T