Patna High CourtCR. MISC./18841/2016bail granted

Badruddin v. The State Of Bihar

2016-05-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18841 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Badruddin, S/o Md. Rahim @ Rais, R/o village - Murliganj, Ward No. 3, P.S. Murliganj, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 399, 402 and 414 of the Indian Penal Code and 25(1-B)a, 26, 35 of Arms Act.

Apprehended co-accused assembled in the house of the petitioner and while they were making preparation for committing dacoity, the Police having got information, raided the house of the petitioner and arrested the petitioner from whose possession of one country made loaded Katta was recovered whereas separate firearms were recovered from the possession of the other co-accused. Petitioner does not have any criminal antecedent and is languishing in jail custody since 31.12.2015.

Patna High Court Cr.Misc. No.18841 of 2016 (2) dt.03-05-2016 2/2 Submission on behalf of the petitioner is that nothing has been recovered from the conscious possession of the petitioner and the implication of the petitioner in the present case is nothing but only highhandedness of the Police.

Considering the aforesaid facts and circumstances of the case as well as period of detention in jail custody and also taking note of the fact that chargesheet has already been submitted and the further detention of the petitioner in the present case is not required, let petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Murliganj Police Station Case No. 01 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Madhepura.

(Hemant Kumar Srivastava, J) Vats/- U T