Patna High CourtCR. MISC./46560/2018bail granted

Amirul Haque v. The State Of Bihar

2018-08-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46560 of 2018 Arising Out of PS.Case No. -244 Year- 2018 Thana -MARHAURA District- SARAN ======================================================

1. Amirul Haque S/o Late Md. Hasan, R/o 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 Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 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 one Azad Kumar was apprehended on the spot and one loaded country made Katta was recovered from his possession. He disclosed the name of other co-accused including this petitioner. The petitioner has clean antecedent.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.46560 of 2018 (2) dt.24-08-2018 2/2 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