Md. Gulam Sarwar @ Gulam Sarwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59511 of 2018 Arising Out of PS.Case No. -88 Year- 2018 Thana -MOUZAHIDPUR District- BHAGALPUR ======================================================
1. Md. Gulam Sarwar @ Gulam Sarwar S/o Late Gulam Mustafa resident of Markaji Tola, Hussainabag, P.S. Babarganj, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mojahidpur (Babarganj) P.S. Case No. 88 of 2018 instituted for the offence under Sections 413, 414 of Indian Penal Code, Sections 3, 4 and 5 of Explosive Substance Act.
It is alleged in the written report that police went to arrest the petitioner who was accused in Ishakchak P.S. Case No. 88 of 2018. During course of arrest, the house of petitioner was searched and 143 bottles of prohibited medicines (cough syrup) and three country made Bombs along with two Honda Motorcycles have been recovered from the house of petitioner. Counsel for the petitioner submits that Police has registered two separate cases, one for recovery of medicines and
Patna High Court Cr.Misc. No.59511 of 2018 (2) dt.06-10-2018 2/2 another under Section 307 Indian Penal Code and 3rd case has been registered for recovery of Bomb and Motorcycle. Counsel for the petitioner further submits that petitioner has been granted bail in other two cases, one by a coordinate Bench of this Court vide order dated 20.09.2018 passed in Cr. Misc. 54380 of 2018 and another vide order dated 26.09.2018 passed by this Court in Cr. Misc. 51270 of 2018. He is in custody in the instant case since 03.06.2018.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released 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, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 88 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T