Mukhtar Alam @ Md. Kukhtar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5388 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- FALKA District- Katihar ====================================================== Mukhtar Alam @ Md. Kukhtar Alam S/o Abdul Rajjak Resident of villageBharsia, PS- Falka, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md Musowir, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Falka P.S. Case No. 171 of 2024 dated 06.10.2024 registered for the offences punishable under Sections 310(4) and 310(5) of B.N.S. and under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one country-made pistol, four live cartridges and one mobile phone were recovered from the possession of the petitioner, who along with the coaccused persons were assembled to commit crime.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.5388 of 2025(2) dt.03-03-2025 2/2 this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents in which he is on bail in both cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.10.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Falka P.S. Case No. 171 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T