Allowed

Md. Wasif @ Md. Fayaque Hussain v. the State of Bihar

Patna HC1 Apr 2022CR. MISC./56129/2021

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a case under the Arms Act involving the recovery of a pistol. He was ordered to furnish a bond of Rs. 20,000 with two sureties, noting his lack of antecedents and short custody period.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 20,000 with two sureties of like amount each to the satisfaction of C.J.M., Katihar.

Md. Wasif @ Md. Fayaque Hussain Vs the State of Bihar — Patna HC (2022) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56129 of 2021

¶2

Arising Out of PS. Case No.-120 Year-2021 Thana- AAJAM NAGAR District- Katihar

¶3

======================================================

¶4

Md. Wasif @ Md. Fayaque Hussain S/O Md. Ishaq R/O Village-Panka, PostSihpur, P.S-Azam Nagar, Sadar-Basoi, District-Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

===================	====================	.. ... Opposite Party/s ===============
Appearance :
For the Petitioner/s :	Mr. Maheshwar Prasad
For the Opposite Party/s : ===================	Mr. Rajiv Nayan ====================	===============

¶9

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶10

2 01-042022

¶11

Let the defects, if any, be removed within four weeks from today.

¶12

Heard learned counsel for the petitioner as well as learned Additional Public prosecutor for the State through video conferencing.

¶13

Petitioner seeks bail in a case registered in connection with Azam Nagar P.S.Case No. 120 of 2021 for the offences punishable under Sections 25(1-b) a, 26 of the Arms Act.

¶14

As per allegation in the F.I.R, it is alleged that petitioner caught by the police on the basis of suspicion and from his possession one country made pistol with live cartridges were recovered. It is also alleged that petitioner was riding on a motorcycle and also did not produce any paper of the said motorcycle.

¶15

Learned counsel for the petitioner submits that

¶16

Patna High Court CR. MISC. No.56129 of 2021(2) dt.01-04-2022 2/3

¶17

petitioner has no criminal antecedent and he is in custody since 23.05.2021. Charge sheet has already been submitted and there is no chance of his absconding and tempering with the evidence. It is also submitted that F.I.R has been instituted only under the Arms Act. No case of stolen motorcycle has been registered.

¶18

The learned A.P.P opposed the prayer for bail of the petitioner.

¶19

Having heard the rival contentions of the parties and taking into consideration the period of custody of the petitioner as also having no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/0- ( Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azam Nagar P.S.Case No. 120 of 2021, on the following conditions:-“(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

¶20

(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move

¶21

Patna High Court CR. MISC. No.56129 of 2021(2) dt.01-04-2022 3/3

¶22

for cancellation of bail”

¶23

(Harish Kumar, J)

¶24

N.K/-

¶25

U T

Md. Wasif @ Md. Fayaque Hussain v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Wasif @ Md. Fayaque Hussain v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manohar Mahto Vs The State of Bihar

Rupesh @ Rupa Yadav @ Rupesh Yadav @ Rupa Vs the State of Bihar

Gautam Kumar Jha Vs The State of Bihar

Sudhanshu Kumar Vs The State of Bihar

Vishal Kumar Vs The State of Bihar

Aman Kumar Vs the State of Bihar