Md. Aano Khan @ Aano Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25558 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -IMAMGANJ District- GAYA ======================================================

1. MD. AANO KHAN @ AANO KHAN Son of Nooruddin Haider Khan Resident of Village Bandohari Chandi Asthan, P.S. Imamganj, District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 The petitioner seeks regular bail in connection with Imamganj P.S. Case No. 109 of 2016, registered for offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act and Section 53(b) of Excise Act.

Allegation against the petitioner is that he was caught on drunken state and from his possession one loaded pistol and two cartridges were recovered.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody since 09.07.2016 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand)

Patna High Court Cr.Misc. No.25558 of 2017 (4) dt.18-07-2017 2/2 with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Imamganj P.S. Case No. 109 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T