Md. Sahjad vs The State Of Bihar
2021 Latest Caselaw 14 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.32194 of 2020
    Arising Out of PS. Case No.-49 Year-2020 Thana- BARURAJ District- Muzaffarpur
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Md. Sahjad, aged about 22 years, (Male), son of Md. Habib, resident of Village Bara Govind, P.S.-Chakiya, District -East Champaran, Motihari

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate with
                                 Ms. Vaishnavi Singh, Advocate
For the State            :       Mr. Upendra Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Mr. Ajay Kumar Thakur, learned counsel along

with Ms. Vaishnavi Singh, learned counsel, for the petitioner and

Mr. Upendra Kumar, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Baruraj PS Case No. 49 of 2020 dated 05.04.2020, instituted under

Sections 399/402/414 of the Indian Penal Code and 25(1-B)

(a)/26/35 of the Arms Act.

3. The allegation against the petitioner is that on secret

information that criminals were planning to commit crime, when

the police reached and arrested the accused persons, from the

petitioner, motorcycle, one firearm, two cartridges and one mobile

phone were recovered.

Patna High Court CR. MISC. No.32194 of 2020 dt.04-01-2021

4. Learned counsel for the petitioner submitted that he

has not been caught committing any offence and the allegation is

that the police caught him before he could commit any offence. It

was submitted that after the police had arrested the petitioner in

the present case, he has been implicated in four other cases, but

there has been no recovery in any of those cases, except for the

present one. Learned counsel submitted that the petitioner is in

custody since 07.04.2020.

5. Learned APP submitted that the petitioner has

criminal antecedent and there is recovery of firearm and cartridges

from his possession.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Judicial Magistrate

1st Class, Muzaffarpur (East) in Baruraj PS Case No. 49 of 2020,

subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the petitioner,

and (iii) that the petitioner shall also give an undertaking to the

Court that he shall not indulge in any illegal/criminal activity, act Patna High Court CR. MISC. No.32194 of 2020 dt.04-01-2021

in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms and

conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T