Md. Gulshad @ Gulo v. The State Of Bihar

Patna High Court Cr.Misc. No.29850 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29850 of 2017 Arising Out of PS.Case No. -119 Year- 2014 Thana -KHARAGPUR District- MUNGER Md. Gulshad @ Gulo, Son of Md. Sarafat @ Muradi @ Sarafat Hussain, Resident of Village Mirazapur, P.S. Muffasil, Dist.- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Deep Nishi For the Opposite Party/s : Mr. Sri Nityanand Tiwary CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Counsel for the petitioner is permitted to make necessary correction in the name and address of the petitioner. Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends his arrest in Kharagpur P.S. Case No. 119 of 2014 instituted for the offence under Sections-25(i-A), 25(1AA)/25(1-B)/26AC/26(i)(ii)(iii)/35 of the Arms Act. It is alleged in the written report that on getting information of running of mini gun factory by the accused persons, the informant raided the rock area and forest of one kilometer west of Parmanandpur village and two persons were apprehended on the spot. In huge quantity, unfinished pistols and equipments for manufacturing illegal fire arms have been recovered from their possession. Two apprehended persons namely Dinesh Kumar and Dileep Kisku disclosed the name of this petitioner before the police.

Patna High Court Cr.Misc. No.29850 of 2017 (2) dt.07-07-2017 It has been submitted that the petitioner has clean antecedent. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the event of his arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Kharagpur P.S. Case No. 119 of 2014 to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger subject to conditions as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T