Md. Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61128 of 2022 Arising Out of PS. Case No.-285 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Md. Haidar Son Of Md. Alam, R/V- Gangjala, Niyamaat Tola, Ward No.- 15, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No. 285 of 2022 lodged under Sections 399, 402, 414, 411, 412 and 413 of the I.P.C. read with Sections 25(1-b)a, 26 and 35 of Arms Act.

As per prosecution, F.I.R. has been lodged against 8 named accused persons to whom police has apprehended upon getting secret information that they are planning for dacoity. Upon raid the petitioner was apprehended and from his possession, one desi pistol and two live cartridges were recovered.

Patna High Court CR. MISC. No.61128 of 2022(2) dt.22-02-2023 2/3 Learned counsel for the petitioner submits that no offence has been committed by the petitioner. From the content of F.I.R., it transpires that there was preparation of dacoity. He further submits that there are total 8 criminal cases pending against the petitioner and he is on bail in all cases. Counsel further submits that petitioner is in custody since 12.04.2022. counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail and submits that petitioner is having long pending criminal history and when bail shall be granted to him, he will again start doing crime.

Upon specific query that whether charge has been framed or not, counsel submits that charge has already been framed.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 285 of 2022, subject to the conditions as laid down under Section 437(3) of

Patna High Court CR. MISC. No.61128 of 2022(2) dt.22-02-2023 3/3 Cr.P.C..

If charge has not been framed in this case, the Trial Court shall not follow the conditions made above. (Dr. Anshuman, J.) ravishankar/- U