Patna High CourtCR. MISC./77859/2023bail granted

Atabul Sheikh @ Atabul Shekh v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77859 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Atabul Sheikh @ Atabul Shekh S/O Mansoor Sheikh Village- Vishanpur Aadhar @ Bishanpur Adhar, Ps. Kanhauli, Dist. Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kanhauli P.S. Case No. 126 of 2023 instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.

3. As per prosecution case, on receipt of secret information, the police reached at the place of occurrence. On seeing the police party, one person started to flee away but, was apprehended on chase and he disclosed his name as the petitioner. On search, one country made pistol, live cartridge and mobile with SIM were recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.77859 of 2023(2) dt.05-12-2023 2/2 present case due to dirty village politics. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner has no concern with the seized article. The petitioner has four criminal antecedents and in all the cases, he is on bail.

5. The petitioner is in custody since 03.08.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanhauli P.S. case No. 126 of 2023. (Rudra Prakash Mishra, J) rishi/- U T