Md. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 52698 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -SONPUR RAIL P.S. District- SARAN ====================================================== Md Khurshid, son of Md Wakil, resident of Village - Rampur Saidpur, Police Station - Matihani, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Ajay Kumar Tiwary, Advocate For the S t a t e : Mr Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Section 393 of Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act.

It is alleged that three persons came to hire the informant's vehicle at the Hajipur Railway Station. On finding their activities suspicious, the informant raised an alarm. They were apprehended and from one of the persons, one country made pistol and two live cartridges were found. Counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and that he has falsely been implicated in this case. It is submitted that prior to the instant case, there is no criminal antecedent against the petitioner and that he was a

Patna High Court Cr.Misc. No.52698 of 2017 (2) dt.09-11-2017 2/2 bona fide passenger and was apprehended by the police. It is further submitted that recovery of country made pistol and two live cartridges are attributed to co-accused Bipul Kumar. Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate (Railway), Sonepur, District - Saran in Sonepur (Hajipur) Rail Police Station Case No 59 of 2017 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T