Patna High CourtCR. MISC./60901/2019bail granted

Md. Rizwan @ Bhutto @ Md. Bhutto @ Rizwan v. The State Of Bihar

2019-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60901 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- JAMALPUR District- Munger ====================================================== Md. Rizwan @ Bhutto @ Md. Bhutto @ Rizwan Son of Md. Ejajul Raman @ Eajazur Rahman Resident of Village - Mirzapur Bardah, P.S. - Muffasil, Distt - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1B), C, 26, 35 of the Arms Act, Sections 121, 121A, 124A, 379, 419, 120B/34 of the Indian Penal Code and Section 39 of the U.A.P. Act.

Submission is that petitioner was not present at the time of recovery of firearms. Name of the petitioner surfaced in the confessional statement of co-accused who was also not present at the time of recovery. Petitioner is in custody since 26.03.2019. Only material is criminal antecedent of the petitioner. Investigation of the case is already complete against

Patna High Court CR. MISC. No.60901 of 2019(2) dt.01-10-2019 2/2 the petitioner.

Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jamalpur Police Station Case No. 258 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T