Md. Saiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15227 of 2016 Arising Out of PS.Case No. -1133 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Md. Saiyara, Son of Md. Asharaf.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Shailendra Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act and Section 414 of the Indian Penal Code. One country made pistol along with two magazines as well as one motorcycle are said to have been recovered from conscious possession of the petitioner.

Submission on behalf of the petitioner is that the seized motorcycle belongs to brother of the petitioner which is evident from perusal of Annexure-2 to this petition and so far as recovery of firearm is concerned, the same is nothing but only highhandedness of the police. Moreover, petitioner is in jail custody since long and does not have any criminal antecedent.

Patna High Court Cr.Misc. No.15227 of 2016 (2) dt.18-04-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1133 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T