Abdul Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86086 of 2019 Arising Out of PS. Case No.-370 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== ABDUL KADIR, Son of Late Sk. Umar, Resident of Village - Lengada, P.S.- Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

On disclosure statement of co-accused Sheikh Mubarak, a country made pistol and four cartridges were recovered from the poultry farm of the petitioner. Submission is that, in fact, Sheikh Mubarak is running the said poultry farm as Manager/Partner of the petitioner. Petitioner has got no criminal antecedent. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the

Patna High Court CR. MISC. No.86086 of 2019(2) dt.24-01-2020 2/2 event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Shikarpur Police Station Case No. 370 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T