Shaukat @ Md. Shaukat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89958 of 2024 Arising Out of PS. Case No.-259 Year-2024 Thana- AMAUR District- Purnia ====================================================== Shaukat @ Md. Shaukat S/O Late Rajjak @ Late Abdul Rajjaque R/O Village- Dalmalpur, Dhamdaha, P.S- Amour, Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Amour P.S. Case No. 259 of 2024, instituted for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that, one loaded country made pistol and one live cartridge have been recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.89958 of 2024(2) dt.16-01-2025 2/3 possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 29.06.2024 and has got seven criminal antecedents in which he is on bail in four cases. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amour P.S. Case No. 259 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.89958 of 2024(2) dt.16-01-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T