Md. Zafar @ Md. Zaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35791 of 2015 Arising Out of PS.Case No. -325 Year- 2014 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Zafar @ Md. Zaffar S/o Md. Usman, resident of village- Bolia Gumti, P.S.- Manihari, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sadar (Moffasil) P.S. Case No. 325 of 2014 registered for offences under section 25(1-B)a/26/35 of the Arms Act.

The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 48831 of 2014 and this Court, vide order dated 20/2/2015, rejected the same but liberty was given to renew his prayer for bail after completion of one year custody. The counsel for the petitioner submits that more than one year custody has already been completed by the petitioner. Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.35791 of 2015 (2) dt.12-08-2015 2/2 let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Sadar (Moffasil) P.S. Case No. 325 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T