Patna High CourtCR. MISC./59954/2024bail granted

Amir Sohail v. The State Of Bihar

2024-09-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59954 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== AMIR SOHAIL Son of Md. Munna Resident of Village - Shambhopur, Police Station - G.B. Nagar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amir Alam, Adv For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 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 Panchrukhi (Sarai O.P.) P.S. Case No. 103 of 2024 dated 02.04.2024 registered for the offences punishable under sections 414 of the Indian Penal Code & 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant, who is S.H.O, was on patrolling duty with other police personnel at Kalyanpur Bazar near High School, then he saw three persons riding on a motorcycle, on seeing police they started fleeing thereafter they were caught by police. On search one country made pistol and two live cartridge were recovered from the

Patna High Court CR. MISC. No.59954 of 2024(2) dt.05-09-2024 2/3 possession of the petitioner and other articles were recovered from the possession of the co-accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Similarly situated co-accused has already been granted bail by this court vide order dated 23.07.2024 passed in Cr. Misc. No. 46627 of 2024. Nothing has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2024.

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, Siwan in connection with Panchrukhi (Sarai O.P.) P.S. Case No. 103 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.59954 of 2024(2) dt.05-09-2024 3/3

7. The application stands allowed.

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