Regular bail was granted to the petitioner under IPC, Arms Act, and NDPS Act offences in PS Case No. 185 of 2023, Harsidhi. The petitioner was directed to execute a bond of Rs. 20,000 with two sureties.
Directed the petitioner to be released on bail on furnishing a bond of Rs. 20,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 35384 of 2023
Arising Out of PS. Case No.-185 Year-2023 Thana- HARSIDHI District- East Champaran
======================================================
TASIR ALAM Son of Rojid Mian RESIDENT OF VILLAGE AJGARI MASJID TOLA, PS- BANJARIYA, DISTRICT- EAST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr Abhishek Kumar, Advocate For the Opposite Party/s : Dr Indiwar Kumari, APP ======================================================
CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-07-2023 Heard learned counsel for the petitioner and the learned APP.
The petitioner has preferred this application for grant of regular bail in connection with Harsidhi PS Case No 185 of 2023 dated 17.03.2023 registered for the offence punishable under Sections 399, 402, 413, 414 of the IPC, Sections 25 (1-b) a, 26, 35 of the Arms Act and Sections 8 (b), (ii) (c) of the NDPS Act.
As per the prosecution case, one live cartridge was recovered from the possession of the petitioner, 1.444 kgs of Charas was recovered from the bag of co-acused Shiv Kumar Sahani and one country made pistol and mobile phone were recovered from the possession of the co-accused Dipak
Patna High Court CR. MISC. No.35384 of 2023(2) dt.24-07-2023 2/2
Chaubey.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears two criminal antecedents, as stated in paragraph 3 of the bail petition in which he is on bail. He is in custody in this case since 17.03.2023.
Learned APP has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge/Special Judge, Motihari, East Champaran in Harsidhi PS Case No 185 of 2023 dated 17.03.2023.
This application stands allowed.
(Chandra Prakash Singh, J)
M.E.H. /-
U T
3 issues framed by the court
Whether to grant bail to the petitioner in a case involving offences under IPC, Arms Act, and NDPS Act.
Whether the petitioner fulfills the bail requirements by furnishing a bond and security.
Whether the allegations against the petitioner warrant continued detention or release on bail.
3 provisions across 3 enactments
Tasir Alam
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
