Md. Ainul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 524 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -BALIA District- BEGUSARAI ====================================================== Md Ainul S/o Kari Miya, R/o Village- Hussaina Diyara, P.S.- Ballia, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Binod Kumar, Advocate For the S t a t e : Mr Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 307, 353/34 of Indian Penal Code and Sections 25, 26, 27, 35 of Arms Act.

In the first information report, it is alleged that the petitioner has been apprehended after an encounter with certain criminals during routine patrolling in the night. It is alleged that from the petitioner, one country made pistol and one live cartridge were recovered. First information report does not disclose that any person has sustained any injury. It is also submitted by the counsel for the petitioner that the petitioner has no criminal antecedent prior to the instant case and that he is in custody since 03.09.2017 on the basis of such allegations. It is further submitted

Patna High Court Cr.Misc. No.524 of 2018 (2) dt.10-01-2018 2/2 that petitioner has falsely been implicated in this case. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Ballia Police Station Case No 213 of 2017 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T