Md. Khurshid v. The State Of Bihar

Patna High Court Cr.Misc. No.20673 of 2016 (3) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20673 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Khurshid, son of Late Sk. Khalil, resident of Village- Barewa, P.O. + P.S. Dhaka, District Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Anuradha Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Patahi P.S. Case No. 08 of 2016 registered under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that police, on receiving secret information about gathering of miscreants for preparation of committing Dacoity, reached at Padumker village near Gayatri Mandir, where five persons with two motorcycles were seen but on seeing the police they started to flee away. On chased, two persons succeeded to flee away while three persons including the petitioner were apprehended by the police, who disclosed the names of their associates as Ram Kumar Singh and Khan Saheb. On search, petitioner was found in possession of one loaded

Patna High Court Cr.Misc. No.20673 of 2016 (3) dt.20-05-2016 country made pistol with four live cartridges, motorcycle and mobile set.

Learned counsel for the petitioner submits that the motorcycle, which is said to be recovered from possession of the petitioner, was purchased by him from Harindar Sah, son of Late Anup Sah, Mohalla Kushmahawa, P.O. Chandan Bara, P.S. Dhaka, District East Champaran, which would appear from the supplementary affidavit filed on behalf of the petitioner. It is further submitted that petitioner has falsely been implicated in this case mere on suspicion. Further submission is that petitioner is in custody since 03.02.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the A.C.J.M. VIIIth, Motihari, in connection with Patahi P.S. Case No. 08 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U