Zunaid Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21357 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Zunaid Khan, son of Wakil Khan, resident of Village - Ratwara Ganga Bigha, P.S. Bodh Gaya at District Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. M.K.Khare(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 414/34 of the Indian Penal Code and Sections 25(1b)1A/26/35 of the Arms Act The prosecution case, in brief, is that on 1.2.2015 S.H.O., Bodh Gaya has received secret information at 7.30 P.M. that some miscreants boarding on Passion motorcycle is going to commit crime at Ratnara Gang Bigha. He got entry in Sanha and departed along with police officials to verify and started searching the persons coming from Ganga Bigha towards Sarawati. At about 8.30, he saw that two persons boarding on white Passion motorcycle are coming. The miscreants boarding
Patna High Court Cr.Misc. No.21357 of 2015 (2) dt.13-07-2015 2/3 on Passion motorcycle backed from their near the Barka Bigha seeing the police party. But the police party surrounded the miscreants and searched the miscreants in presence of independent witnesses and the person who was sitting on the driving seat of the motor cycle told his name as Zunaid Khan and the person sitting on the back of motorcycle told his name as Praduman Kumar. On search from Zunaid Khan, one loaded country made pistol and one Samsung mobile and mobile SIM were recovered. One live cartridge of 303 bore, two live cartridges of .315 bore, one chain of yellow colour and mobile SIMS were recovered. The accused persons did not show the relevant papers of motorcycle. Accordingly, the articles were seized and seizure list was prepared and accused persons were taken in custody.
It is submitted on behalf of the petitioner that the petitioner is in custody since 2.2.2015 and charge sheet has been submitted in the case. It is further submitted that one pistol and two live cartridges are said to have been recovered from the possession of the petitioner. It is further submitted that the petitioner may be released after completion of six months in custody from 2.2.2015.
On behalf of the State, it is submitted that the
Patna High Court Cr.Misc. No.21357 of 2015 (2) dt.13-07-2015 3/3 petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail after completion of six months from 2.2.2015 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S. Case No.33 of 2015.
(Sudhir Singh, J) PNM U T