Md. Mazhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72294 of 2021 Arising Out of PS. Case No.-360 Year-2021 Thana- KORHA District- Katihar ====================================================== MD. MAZHAR SON OF LATE MD. FAROOQUE RESIDENT OF VILLAGE- BAKHRI KOL PS- K NAGAR, DIST- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 399, 402 and 413 of Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act, registered in connection with Korha P.S. Case No. 360 of 2021.

As per allegation, the police got an information that some miscreants were planning to commit some serious offence on which the police raided the place of occurrence and arrested

Patna High Court CR. MISC. No.72294 of 2021(2) dt.30-05-2022 2/3 two miscreants, who disclosed their names as Mithilesh Kumar Yadav and Md. Mazhar, the present petitioner. One loaded country made pistol was recovered from the possession of coaccused, namely, Mithilesh Kumar and one live cartridge .315 bore was recovered from the pocket of the present petitioner. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedents and he is in custody since 16.08.2021.

Considering the above facts and circumstances and petitioner is a persons of clean antecedents as well as period of custody i.e. 16.08.2021, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Korha P.S. Case No. 360 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make him available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.72294 of 2021(2) dt.30-05-2022 3/3

3. The petitioner shall appear physically on each and every date before the learned court below till framing of the charges.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) S.Katyayan/- U T