Md. Mansoor @ Mansoor @ Bahira v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80060 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- ABADPUR District- Katihar ====================================================== MD MANSOOR @ MANSOOR @ BAHIRA Son of Late Muzzafar Hussain Resident of Village - Bhawanipur, P.S.- Abadpur, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Saghir Ahmad, Advocate For the Opposite Party/s :

Mr Anil Kumar Singh No 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Abadpur Police Station (for brevity, PS) Case No 94 of 2019 instituted for the offence punishable under Sections 399, 402, 414 of Indian Penal Code and Sections 25 (1-b)A, 26, 35 of Arms Act.

Since 15.06.2019, petitioner is in custody. The allegation is of recovery of four live cartridges from the petitioner.

It is submitted that this is a case of false implication. There is no recovery of any firearm from the petitioner and petitioner is on bail in the other cases, pending against him since before.

Patna High Court CR. MISC. No.80060 of 2019(3) dt.08-02-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Katihar in Abadpur PS Case No 94 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T