Mumtaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1643 of 2022 Arising Out of PS. Case No.-132 Year-2021 Thana- AANDAR District- Siwan ====================================================== MUMTAZ KHAN Son of Nasarullah Khan @ Nasirullah Khan Resident of village - Khajepur Kala, P.S. - N.H. Nagar, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Aandar M.H. Nagar PS Case No. 132 / 2021 registered for the offence under Sections 399 / 402 of the IPC , Section 25 (1-b)a / 26 / 35 of the Arms Act and Section 3 / 4 of the Explosive Substances Act.

As per the First Information Report from the house of co-accused / Sanoj Patel one country made pistol and four cartridges were recovered and the petitioner was arrested from the spot along with other accused persons.

Learned counsel for the petitioner submits that petitioner has falsely been implicated since the petitioner had gone to the house of Sanoj Patel in order to meet him inasmuch as he is the co-villager of the petitioner. Learned counsel further submits that petitioner has not committed any offence as alleged

Patna High Court CR. MISC. No.1643 of 2022(2) dt.25-05-2022 2/2 and the co-accused / Sanoj Patel from whose house fire arms have been recovered has been granted bail by a Co-ordinate Bench of this court in Cr. Misc. No. 71741 / 2021 , the petitioner is in custody since 26-07-2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that petitioner is in custody since 26/7/2021 , similarly situated co-accused has been granted bail, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IV, Siwan in connection with Aandar M.H. Nagar PS Case No. 132 / 2021.

praful/- (Anil Kumar Sinha, J) U T