Patna High CourtCR. MISC./79164/2018bail granted

Md. Chotu v. The State Of Bihar

2019-01-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79164 of 2018 Arising Out of PS. Case No.-369 Year-2017 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Chotu, son of Md. Riaz @ Raju Driver, Resident of Shahbaznagar, Police Station - Mojahidpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mojahidpur (Babarganj) P.S. Case No. 369 of 2017 instituted for the offence under Section(s) 25(1-B)A, 26, 35 Arms Act and Section 414/34 Indian Penal Code.

It is alleged that one country made pistol and five cartridges were recovered from possession of the petitioner. Seizure list is part of the First Information Report, which shows recovery of aforesaid firearms.

Petitioner is said to be in custody since 04.12.2017. From para 3, it appears that petitioner has criminal antecedents Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let

Patna High Court Cr.Misc. No.79164 of 2018(2) dt.24-01-2019 2/2 the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 369 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- Rohit Kr.

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