Patna High Court granted regular bail to Sheikh Ekramul falsely implicated in a case involving a country-made pistol, noting his lack of criminal antecedents and custody duration.
Enlargement on bail of Rs.10,000 with two sureties of like amount to Sub Divisional Judicial Magistrate, Muzaffarpur, under Section 437(3) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32137 of 2018
Arising Out of PS.Case No. -48 Year- 2018 Thana -MITHANPURA District- MUZAFFARPUR
====================================================== Sheikh Ekramul Son of Sheikh Mofiz, Resident of Village- Chachal Vasi Lahat, Police Station- Chachal, District- Malda (West Bengal).
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 12-06-2018 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner, in the present case, is seeking regular bail in connection with Mithanpura P.S. Case No. 48 of 2018, registered for offences alleged under Sections 399, 400, 402 of the Indian Penal Code and under Sections 25(A) (a), 25(1-B), 26, 35 of the Arms Act.
Learned counsel for the petitioner submits that as per the F.I.R. one country made pistol with two live cartridges were recovered from the petitioner. It is submitted that the petitioner has no criminal antecedent and he has been falsely implicated in the present case. He is in custody since 18.02.2018.
Learned APP for the State is present.
Patna High Court Cr.Misc. No.32137 of 2018 (2) dt.12-06-2018
2
Considering the fact that the petitioner has no criminal antecedent and that he is in custody since 18.02.2018, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Muzaffarpur in connection with Mithanpura P.S. Case No. 48 of 2018, subject to the conditions U/S 437(3) Cr.P.C.
(Rajeev Ranjan Prasad, J)
Arvind/Ved/Saurabh
U T
1 issue framed by the court
Whether the petitioner should be released on regular bail given the lack of criminal antecedents and period in custody.
1 provisions across 1 enactments
Sheikh Ekramul
State of Bihar
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
