Aslam Azad @ Md. Aslam Ansari @ Md. Aslam Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73057 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== ASLAM AZAD @ MD. ASLAM ANSARI @ MD. ASLAM AZAD Son of Abdul Rauf Resident of Village- Udaypur, P.S.- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Biraul P.S. Case No. 165 of 2022, registered for the offences punishable under Sections 399, 402, 400 of the Indian Penal Code and Section 25 (1-b)a, 26, 35 of the Arms Act.

As per allegation, the police intercepted a fourwheeler on suspicion. Four persons were present on that vehicle. A country-made loaded pistol was recovered from the

Patna High Court CR. MISC. No.73057 of 2022(2) dt.27-03-2023 2/3 possession of co-accused Khursid Alam. A mobile set was recovered from co-accused Md. Ashik. A mobile set was recovered from the possession of the petitioner to which the learned counsel submits that it was his personal mobile. Learned counsel has also submitted that the FIR shows itself that two accused persons Khursid Alam and Md. Rahmat apprised the police party that they belong to a gang of dacoits. There is no such statement of the petitioner. He is under custody since 15.05.2022.

Considering the fact that only a mobile set was recovered from possession of the petitioner but it is submitted that it was personal mobile of the petitioner and also considering the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned in connection with Biraul P.S. Case No. 165 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to

Patna High Court CR. MISC. No.73057 of 2022(2) dt.27-03-2023 3/3 file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T