Md. Haidar Aziz Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35868 of 2016 Arising Out of PS.Case No. -486 Year- 2015 Thana -BIHAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Haidar Aziz Mallick S/o Aziz Mallick Resident of village - Pachana, Police Station Shekhpura, District - Shekhpura .... .... 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 : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 10.02.2016 passed in Cr. Misc. No. 4090 of 2016 but submission on behalf of the petitioner is that having similar allegation, co-accused, Santu Choudhary has already been granted privilege of bail by the learned court below vide order dated 23.08.2016 passed in B.P. No. 917 of 2016. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.35868 of 2016 (2) dt.28-09-2016 2/2 well as this aspect of the matter that petitioner does not have any criminal antecedent and his trial has not been concluded as yet, let the petitioner 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 486 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T