Md. Akbar @ Akbar @ Pinki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76307 of 2023 Arising Out of PS. Case No.-426 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Akbar @ Akbar @ Pinki Son Of Manju Nadaf Resident Of VillageBalasath , Ps- Nanpur, Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The instant Criminal Miscellaneous Application under Section 439 arises out of F.I.R., bearing P.S. Case No. 426 of 2023 registered for the offence punishable under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-b)a, 26, 35 of the Arms Act.
3. It is submitted by the learned Advocate for the petitioner that one fire arm was recovered from the possession of the petitioner. Except fire arm, no other incriminating article was recovered. There is no evidence that the petitioner along with others were in taking preparation for committing robbery or dacoity. Charge-sheet has been submitted.
4. In view of such circumstances, bail may be
Patna High Court CR. MISC. No.76307 of 2023(2) dt.04-12-2023 2/2 granted to the petitioner.
5. Learned Additional Public Prosecutor has raised no objection, if the bail is granted to the petitioner.
6. In view of such circumstances, the petitioner may be granted bail on his furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, one of whom must be a local surety, to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi with further condition that he must comply with the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.
7. Failure on the part of the petitioner to comply with any of the above directions, will entail the learned Court below to cancel the bail without any further order. (Bibek Chaudhuri, J) Guddu/- U T