Istekhar Alam @ Collector v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46483 of 2018 Arising Out of PS.Case No. -244 Year- 2018 Thana -MARHAURA District- SARAN ======================================================
1. Istekhar Alam @ Collector Son of Ansar Alam resident of Bhualpur Kishunpura, P.S. - Marhowrah, District - Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Marhaura P.S. Case No. 244/2018, instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner has submitted that there is no recovery from possession of the petitioner. Police has apprehended one person, namely, Azad Kumar and recovered firearm from his possession. He disclosed the name of this petitioner. It is further submitted that petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the
Patna High Court Cr.Misc. No.46483 of 2018 (2) dt.21-08-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Marhaura P.S. Case No. 244/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VIIIth, Chapra, Saran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.) Rakhi U T