Md. Jisan @ Md. Jishan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86637 of 2019 Arising Out of PS. Case No.-894 Year-2019 Thana- KOTWALI District- Patna ====================================================== 1.
MD. JISAN @ MD. JISHAN S/O Md. Yusuf Resident of Village - Sabdalpur Rera, P.S.- Himpur Dipa, District - Bijnaur(U.P.). 2.
Md. Arshad Alam S/O Md. Akhatar Resident of Village - Dahir, P.S.- Nagal Soti, District - Bijnaur(U.P.).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Adv For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 401, 402, 413, 414, 120(B) of the Indian Penal Code and Section 25(1-b)a,26,35 of the Arms Act.
The petitioners and others were apprehended from an Auto Rikshaw and allegation is that they were preparing to commit dacoity. From possession of each of the petitioners only a live cartridge was recovered. Petitioners are in custody since 06.10.2019. Investigation of the case is already complete. Considering the nature of allegation and completion
Patna High Court CR. MISC. No.86637 of 2019(2) dt.14-01-2020 2/2 of investigation as well as the fact that there is no substantial material against the petitioners to substantiate that the petitioners are going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kotwali Police Station Case No.894 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below as well as petitioner shall not leave the country without permission of the Court and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Nitesh/- U T