The High Court allowed a bail application in an Arms Act case, releasing the petitioner on bonds of Rs. 10,000 with sureties, citing the length of custody and clean antecedents.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23829 of 2017
Arising Out of PS.Case No. -94 Year- 2016 Thana -THAKURGANJ District- KISANGANJ
====================================================== Sabbir Alam, S/o Mafiuddin @ Mofiluddin, R/o Talighar, P.S.-Islampur, Distt.-Uttar Dinajpur (W.B.)
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 17-05-2017 Heard both sides.
The petitioner seeks bail in connection with Thakurganj P.S. Case No. 94 of 2016 registered for the offence punishable under Sections 25(1-b) a, 26 and 35 of the Arms Act.
As per prosecution case, the police party on a tip off intercepted two motorcycles and from the possession of this petitioner a country made loaded pistol and two cartridges were allegedly recovered.
Learned counsel for the petitioner submits that the petitioner is in custody since 25.09.2016 having clean antecedent. He has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case. He further submits that earlier the bail prayer of this petitioner was rejected by this Court with an observation that if the trial is not
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concluded within three months, the petitioner may renew his prayer again, but till the date, no progress has emerged in the present case by the trial court as submitted by learned counsel.
Learned APP, on the other hand, opposed the submissions.
Considering the length of custody as also clean antecedent of the petitioner, the prayer of bail is allowed. The above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S. Case No. 94 of 2016.
(Sanjay Kumar, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the Arms Act case pending before this Court.
Sabbir Alam
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
