Dulare @ Md. Dulare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53171 of 2017 Arising Out of PS.Case No. -185 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Dulare @ Md. Dulare, Son of Md. Noor Alam, resident of villageMathaura, P.S.- Sakara, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 07.08.2017 in connection with Goraul P.S. Case No. 185 of 2017 for offences punishable under Sections 25 (1-b) a, 26/35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that during patrolling duty they intercepted a tempo from which four persons tried to flee away who were arrested including the petitioner. From the possession of the petitioner one country made pistol and two cartridges along with the mobile was recovered.

Patna High Court Cr.Misc. No.53171 of 2017 (2) dt.20-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, no overt act has been committed and that he is languishing in judicial custody for more than three months. He submits that charge-sheet has already been submitted and there is no allegation of tempering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 185 of 2017, subject to the conditions that: (1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the

Patna High Court Cr.Misc. No.53171 of 2017 (2) dt.20-11-2017 3/3 learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T