Patna High Court - Orders
Jafar Alam @ Md. Supari @ Supari @ Md. ... vs The State Of Bihar on 23 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2098 of 2025
Arising Out of PS. Case No.-353 Year-2024 Thana- PURNEA SADAR District- Purnia
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Jafar Alam @ Md. Supari @ Supari @ Md. Zafar S/o Jahangir @ Laddu
Resident of Korathbari, PS- K. Hat, Madhubani, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Md. Fazle Karim, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-01-2025Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sadar P.S. Case No. 353 of 2024, instituted for the offences punishable under Sections 414, 34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that, there is recovery of one country made pistol and one live cartridge from the possession of co-accused namely, Nitish Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from Patna High Court CR. MISC. No.2098 of 2025(2) dt.23-01-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner was not arrested on the spot. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused namely, Nitish Kumar Yadav and the same has got no evidentiary value. The petitioner is in custody since 18.07.2024 and has got three criminal antecedents in which he is on bail in. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. Case No. 353 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.2098 of 2025(2) dt.23-01-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/-
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