Patna High CourtCR. MISC./66308/2024bail granted

Nawab Jan v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66308 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Nawab Jan Son of Md Dilavar Husain @ Dilawar husen Resident of VillageJahalipatti, P.S- Ghoghardiha, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Phulparas P.S. Case no.435 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on having received information about the accused persons having gathered and planning to give effect to an occurrence, it is stated that a raid was conducted and accused persons caught. From the possession of the petitioner, a loaded country made pistol and a stolen motorcycle was recovered besides other articles from other accused persons.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.66308 of 2024(2) dt.13-09-2024 2/2 that the earlier prayer for bail of the petitioner was rejected vide order dated 21.3.2024 (Annexure-1) passed in Cr. Misc. no. 1178 of 2024 giving liberty to the petitioner to renew his prayer for bail after completing one year in custody. The petitioner is in custody since 22.8.2023 and undertakes to cooperate in the trial.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, liberty granted to the petitioner by the earlier order of rejection dated 21.3.2024 and the petitioner having remained in custody for more than a year since 22.8.2023, the petitioner is directed to be enlarged on bail in connection with Phulparas P.S. Case no.435 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jhanjharpur, District- Madhubani.

(Partha Sarthy, J) Shiv/- U T