Md. Azaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4896 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Azaz S/O Md. Layeek @ Md. Laik R/O Aina Mahal, Gulabbagh, P.SSadar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Singh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sadar P.S. Case No. 478 of 2023, lodged on 26.05.2023, under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution, FIR has been lodged against the petitioner from whose possession one loaded country-made pistol, cartridges and one blank magazine have been recovered.

4. Learned counsel for the petitioner submits that in addition to other articles which are not covered under the Arms Act. Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that petitioner is in custody since 10.08.2023. Counsel submits that there are five criminal cases pending against him and he is on

Patna High Court CR. MISC. No.4896 of 2024(2) dt.07-02-2024 2/2 bail in all five cases. Counsel submits that in the present case charge has already been framed against the petitioner.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean. He is accused in cases of robbery, dacoity, attempt to murder and presently in Arms Act.

6. In the present facts and circumstances and considering the antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner but liberty is hereby granted to the petitioner that he may renew his prayer for bail before the trial Court itself four months after framing of the charge. The trial Court thereafter upon move shall direct him to release on bail on being satisfied that he is not absconding in the following cases pending against him, i.e., (a) Sadar P.S. Case No.59 of 2021, (b) Sadar P.S. Case No.580 of 2021, (c) Kasba P.S. Case No.350 of 2021 (d) Sadar P.S. Case No.625 of 2022 (e) Sadar P.S. Case No.465 of 2023.

7. With this direction, the application is disposed off. (Dr. Anshuman, J) Mkr./- U T