Md. Javed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5304 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Md. Javed Son Of Shekh Raful @ Shekh Raiful Resident Of Village - Jogia, Police Station - Ram Nagar, District - West Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.Tr. No.2215 of 2023, arising out of Ram Nagar P.S. Case No.36 of 2023, lodged under Sections 25(1-b)a/ 26/35 of the Arms Act.
3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 05.07.2023 passed in Cr. Misc. No.37642 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge.
4. Learned counsel for the petitioner further submits that the charge has already been framed in this case and case has been fixed for adducing the prosecution witness. He also
Patna High Court CR. MISC. No.5304 of 2024(3) dt.03-04-2024 2/3 submits that the other co-accused persons have been granted bail and the petitioner has continued in custody for more than one year and his antecedent is clean.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with S.Tr. No.2215 of 2023, arising out of Ram Nagar P.S. Case No.36 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.5304 of 2024(3) dt.03-04-2024 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Prakashmani/- U T