Shahid Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59541 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== SHAHID AZAM S/O Mainul Hoda R/O Village- Surwania, P.S- Manjhagarh, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Raj, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2025 The I.O. of the case, Mr. Mohan Kumar Nirala has personally appeared and he has accepted his mistake. He should be careful in future. Before noting the criminal antecedent of an accused in the case diary, he should verify the antecedent and thereafter write the same in the case diary so that the accused does not get benefit of mentioning the lesser number of criminal antecedent in the case diary.

2. The personal appearance of the I.O. is dispensed with.

3. I have considered the show cause, the contempt proceeding against the I.O. is dropped.

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with

Patna High Court CR. MISC. No.59541 of 2024(5) dt.31-01-2025 2/3 Mohammadpur P.S. Case No. 104 of 2024 registered for the offence punishable under Sections 401 of the Indian Penal Code and Section 25(1-b)(a), 26 and 35 of Arms Act.

3. As per the prosecution case, a stolen motorcycle, one country made pistol and a live cartridge has been recovered from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in jail since 21.04.2024.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the period of custody of the petitioner, this application is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Gopalganj in connection with Mohammadpur P.S. Case No. 104 of 2024, subject to the following conditions: (i) The petitioner, after being released on bail is directed to mark his attendance at Manjhagarh Police Station on every Sunday of each month. Any default

Patna High Court CR. MISC. No.59541 of 2024(5) dt.31-01-2025 3/3 in appearance at the police station will result in cancellation of bail bonds of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present or through his advocate as directed by the Court.

8. The I.O. of the case, Mr. Nirala will produce the witnesses on the date fixed in the trial.

(Sandeep Kumar, J) kiran/- U T