Md. Moon Khan @ Moon Khan @ Dakua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23713 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ======================================================
1. Md. Moon Khan @ Moon Khan @ Dakua son of Md. Mushtaq Khan resident of Mohalla- Bhikhanpur, Gomti No.3, Police Station- Ishaqchak, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Gulner Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section392 of the Indian Penal Code and under Section-27 of the Arms Act.
Petitioner is not named but it appears that he was arrested in connection with a case registered for the offence of Arms Act and Rs. 11,000/- is said to have been recovered from his conscious possession. The petitioner made his confessional statement in the case of Arms Act and disclosed that he was involved in the present case also and, furthermore, he accepted that the recovered money was looted amount of the present case but submission on behalf of petitioner is that there is nothing in
Patna High Court Cr.Misc. No.23713 of 2016 (4) dt.15-07-2016 2/2 the entire case diary to show that the recovered amount was looted property of the present case.
No doubt, petitioner carries criminal antecedent but in the present case, except confessional statement, there appears to be nothing against him. The investigation against the petitioner has already been completed.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Industrial P.S. Case No. 114 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur. (Hemant Kumar Srivastava, J) A.K.V./- U T