Patna High CourtCR. MISC./1879/2024bail granted

Md. Isha v. The State Of Bihar

2024-04-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1879 of 2024 Arising Out of PS. Case No.-447 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Md. Isha Son of Md. Yakub Resident of Village- Siswabarhi chatratol, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate Mr. Rakesh Kumar Jha, Advocate Mr. Veermani Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulparas P.S. Case no.447 of 2022 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made firearm and three live cartridges was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 17.5.2023 passed in Cr. Misc. no.17638 of 2023. The petitioner is in custody since 20.9.2022. It is further submitted that the other case which finds mention in the present FIR in which the petitioner was said to be absconding, the petitioner

Patna High Court CR. MISC. No.1879 of 2024(4) dt.09-04-2024 2/2 has been granted bail in the said case vide order dated 9.11.2023 passed in Cr. Misc. no.70755 of 2023.

5. The application for bail is opposed by learned A.P.P for the State who submits that as per the report received from the learned trial Court, the case is pending for framing of charge.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR and his having remained in custody for more than 1 year 6 months since 20.9.2022, the petitioner is directed to be enlarged on bail in connection with Phulparas P.S. Case no.447 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Jhanjharpur, DistrictMadhubani. (Partha Sarthy, J) Shiv/- U T