Fakir Mohammad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77589 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- KASBA District- Purnia ====================================================== Fakir Mohammad, Son of Late Yasin, Resident of Village - Babni Rahika, P.S.- Sadar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Kasba P.S. Case No. 179 of 2019, registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of the Arms Act.
The accusation is of recovery of one country made loaded pistol with one live cartridge from possession of the petitioner.
Learned counsel for the petitioner submits that while petitioner was passing through the road but at that time, he was apprehended by the police and implicated in the present case mere on suspicion. It is further submitted is that petitioner
Patna High Court CR. MISC. No.77589 of 2019(5) dt.28-05-2020 2/2 is accused in two other case, as detailed in paragraph 2 of the case diary, out of which, in Sadar P.S. Case No. 329 of 2007, petitioner has been acquitted and in Sadar P.S. Case No. 256 of 2008, he is on bail and in the present case, he is in custody since 09.09.2019.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Kasba P.S. Case No. 179 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T