Patna High CourtCR. MISC./64901/2024bail granted

Aslam Ali v. The State Of Bihar

2024-12-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64901 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Aslam Ali Son of Nasare alam @ Md. Nasre Alam Resident of VillageMeghua, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 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 Kalyanpur P.S. Case No. 112 of 2024 dated 28.04.2024 registered for the offences punishable u/ss 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol and one live cartridge were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the

Patna High Court CR. MISC. No.64901 of 2024(3) dt.16-12-2024 2/2 petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 29.04.2024.

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 abovenamed, 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, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 112 of 2024 with the condition :- (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.

7. The application stands allowed.

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