Patna High CourtCR. MISC./52156/2015bail granted

Md. Faiyaz v. The State Of Bihar

2016-01-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52156 of 2015 Arising Out of PS.Case No. -380 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Faiyaz S/o Md. Riyaz, R/o Mohalla- Thabail, P.s.- Bihar, DistrictNalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Bihar P.S. Case No.380 of 2015, registered for the offences punishable under Sections 25(1-B) a, 26 and 35 of the Arms Act.

Allegation has been made that from the possession of the petitioner one country made pistol and cartridge were recovered. The petitioner is in jail since 24.08.2015. Looking to the period of custody, let the petitioner-Md. Faiyaz be released on bail on 1st March, 2016 on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.52156 of 2015 (3) dt.30-01-2016 2/2 satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No.380 of 2015, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner;

(ii) If the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail and;

(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U