Sadab Alam v. The State Of Bihar

sIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38577 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Sadab Alam son of Mohammad Shahabuddin @ Shahbuddin Ansari Resident of village Baradih, Police Station - Agrer, District - Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.03.2018 in connection with Barun P.S. Case No. 58 of 2018 for offences punishable under Sections 394, 414, 511 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act.

The prosecution case, as lodged by the informant, is that while he was proceeding towards his house in his tempo four miscreants in two motorcycles intercepted and on pistol point tried to snatch his belongings and tempo but on raising alarm the villagers assembled and two of them were caught including the petitioner while two managed to flee away. On search one live cartridge each was found in the pocket of the

Patna High Court Cr.Misc. No.38577 of 2018(2) dt.10-07-2018 2/3 petitioner and other co-accused. The motorcycle also was alleged to be stolen one.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that no case under the Arms Act is made out against him, no overt act has been committed and at best it is a case under Section 37-B of the Arms Act which is bailable in nature. He further submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody for nearly four months. 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 furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 58 of 2018, subject to the following conditions : (i) 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.

Patna High Court Cr.Misc. No.38577 of 2018(2) dt.10-07-2018 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

Rajesh/Pragya (Nilu Agrawal, J) U T