Abbas Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41826 of 2015 Arising out of PS.Case No. -58 Year- 2015 Thana -RAMGARHWA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Abbas Ali, son of Md. Ishaque, resident of Village- Dumri, P.S.- Ramgarhwa, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kr. Thakur, Advocate. For the Opposite Party : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 11.06.2015 in connection with Ramgarhwa P.S. Case No. 58 of 2015 for the offences instituted under Sections 25(1-b) A and 26 of the Arms Act.

The prosecution story, in brief, is that Three country made pistols and 54 live cartridges were recovered from possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.06.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering

Patna High Court Cr.Misc. No.41826 of 2015 (3) dt.15-10-2015 2/2 with the evidence against the petitioner. Three country made pistols and 54 live cartridges are said to have been recovered from possession of the petitioner. There is no compliance of Section 100 Cr.P.C. The recovery is denied by the petitioner. It is further submitted that the petitioner may be released after completion of six months in custody from 11.06.2015.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner may be released on bail after completion of six months in custody from 11.06.2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, East Champaran at Motihari, in connection with Ramgarhwa P.S. Case No. 58/2015.

U.K./- (Sudhir Singh, J) U T