Firoz @ Golu @ Bholu @ Md. Bhola v. The State Of Bihar

Patna High Court Cr.Misc. No.6235 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6235 of 2018 Arising Out of PS.Case No. -238 Year- 2017 Thana -ALAMGANJ District- PATNA ====================================================== Firoz @ Golu @ Bholu @ Md. Bhola, S/o Late Liyakat Ali @ Nanki, Resident of Mohalla- Belwarganj, Bharatpur Kothi Tenant in the house of Prakash Ram, P.S.- Alamganj, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ===================================================== Appearance :

For the Petitioner : Md. Iftekhar Mahmood, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.06.2017 in connection with Special Case No. 88 of 2017 arising out of Alamganj P.S. Case No. 238 of 2017 for the offences alleged under Sections 399, 402 of the Indian Penal Code, 25(1-b) a, 26/35 of the Arms Act and 20/22 of the N.D.P.S. Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one pistol and five live cartridges allegedly from the possession of the petitioner. No incriminating articles under the N.D.P.S. Act have been recovered from the petitioner which was recovered from co-accused Aakash Kumar @ Bikatia who has been granted bail by this Court in Cr. Misc. No. 62674 of 2017. Similarly situated co-accused Sanni Kumar has been granted bail by this Court in Cr. Misc. NO. 53008 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.6235 of 2018 (2) dt.01-02-2018 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-X, Patna, in connection with Special Case No. 88 of 2017 arising out of Alamganj P.S. Case No. 238 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T