Md. Saddam @ Sattar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71167 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- FALKA District- Katihar ====================================================== MD. SADDAM @ SATTAR S/O- Rafik Nadaf @ Nafil Nadaf, R/O- Jawe, P.S. - Bhawanipur, Distt- Purnia, at present- R/O- Manganpatti, Mosanda, P.S.- Falka, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Falka P.S. Case No. 202 of 2019 for the offence punishable under Sections 413, 414, 465, 468 of the Indian Penal Code and sections 25(1-B)A, 26 of the Arms Act.

The allegation is regarding recovery of one loaded country made pistol from the petitioner herein upon being intercepted and upon search having been made by the police. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that one case is pending against the petitioner, but he is on bail in the said case. It is further submitted that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.71167 of 2019(2) dt.13-01-2020 2/2 16.06.2019 and the petitioner is ready to abide by such terms and conditions as may be imposed by this court for the purposes of grant of regular bail.

Having considered the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Falka P.S. Case No. 202 of 2019.

It is further directed that immediately after release from custody, the petitioner would mark his presence before the Officer Incharge of the concerned Police Station at 10 A.M. on each and every Monday of the week and on account of his failure on two consecutive occasions to mark his attendance, the present privilege of regular bail shall stand cancelled automatically.

Tiwary/- (Mohit Kumar Shah, J) U T