Md Ibran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.935 of 2022 Arising Out of PS. Case No.-568 Year-2021 Thana- SUPAUL District- Supaul ====================================================== MD IBRAN Son of Md. Ikaram Alam Resident of Muhalla- Chakia Nirmali (Ward No. -26), P.S.- Supaul, District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Supaul P.S. Case No. 568 of 2021 registered for the offences punishable under Section 25(1-b)a, 26, 35 of the Arms Act. He is in custody since 07.08.2021 having one criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, the informant has alleged that on secret information that three persons are coming on motorcycle with gun, he along with other police personnel rushed towards engineering college and saw three persons are trying to escape on seeing police, but they were caught by police and on search one country made pistol was

Patna High Court CR. MISC. No.935 of 2022(2) dt.20-05-2022 2/3 recovered from Md. Ibran (the petitioner).

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and he is in custody since 07.08.2021.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that from possession of the petitioner one country made pistol has been recovered and in connection with this case the petitioner has remained in custody since 07.08.2021, investigation against him is complete, and his presence may secure in course of trial, therefore this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 568 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.935 of 2022(2) dt.20-05-2022 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.