Allowed

Nihal Alam v. The State of Bihar

Patna HC19 Jul 2024CR. MISC./44610/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna granted bail to the petitioner in a criminal case involving possession of a country-made pistol. The court noted the weapon was not recovered from conscious physical possession, investigation was completed, and evidence secured was not tampered with.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount subject to Section 437(3) Cr.P.C. conditions.

Nihal Alam Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44610 of 2024

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Arising Out of PS. Case No.-66 Year-2024 Thana- BARARI District- Katihar

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

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Nihal Alam S/o Md. jahiruddin @ Md. Jahir R/o Village-Jagdishpur, P.S.Barari, District-Katihar

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 19-07-2024

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Heard learned counsel appearing on behalf of the

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petitioner and Mr. Mithilesh Kumar Khare, learned A.P.P. for the State.

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2. The petitioner seeks bail in connection with Barari (Semapur) P.S. Case No. 66 of 2024 registered for the offence under Sections 399, 402 of the I.P.C. and under Section 25(1-b)a, 26/35 of the Arms Act.

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3. The petitioner is named in the F.I.R. and is in custody since 25.02.2024.

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4. The allegation against the petitioner is to have in possession one loaded country made pistol.

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5. Learned counsel appearing on behalf of the

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petitioner submitted that factual background of this case

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Patna High Court CR. MISC. No.44610 of 2024(3) dt.19-07-2024 2/3

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suggest prima-facie that the recovery of country made pistol not appears to be made from the conscious physical possession of this petitioner. It is submitted that beside this case, petitioner was found involved in one more criminal case, in which he is on bail. While concluding the argument, it is submitted that seizure list is also appearing doubtful as it is not supported by the independent witnesses rather by police personnels and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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6. Learned APP opposes the prayer of bail.

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7. In view of the facts and circumstances and by

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taking note of the fact as the recovery of country made pistol prima-facie not appears to be made from the conscious physical possession of petitioner coupled with the fact that investigation has already been completed, where petitioner is in custody since 25.02.2024, let the petitioner, above named, is directed to be released on bail in connection with Barari (Semapur) P.S. Case No. 66 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

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Patna High Court CR. MISC. No.44610 of 2024(3) dt.19-07-2024 3/3

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sureties of the like amount each to the satisfaction of learned ACJM-I, Katihar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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(Chandra Shekhar Jha, J.)

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Rajeev/-

Nihal Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nihal Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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