Md. Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58822 of 2018 Arising Out of P.S.Case No. -594 Year- 2018 Thana -SAHARSA District- SAHARSA ====================================================== Md. Haidar, S/o Md. Akhatar, Resident of Village- Saharsa Basti, Ward No.38, P.S.+District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsels for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Saharsa Sadar P.S.Case No.594 of 2018 registered for an offence under Section 393 of the IPC as well as the Arms Act. As per FIR, the police party apprehended this petitioner and other co-accused and on search recovered a country made loaded fire arm from his possession.

It has been submitted that the petitioner has been implicated by the police with ulterior motive. Nothing has been recovered from his possession. Petitioner is in custody since 19.05.2018 having clean antecedent.

The learned APP opposed the submissions.

Patna High Court Cr.Misc. No.58822 of 2018 (2) dt.06-10-2018 2/2 Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner 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 CJM, Saharsa in connection with Saharsa P.S.Case No.594 of 2018 with 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 themselves 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.

(Sanjay Kumar, J) B.Kr./- U T