Md. Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5024 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- AMNAUR District- Saran ====================================================== MD. NEYAZ S/O MEHDI HASAN R/v- Chakmjahid, P.S.- Mahua, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 467, 468, 471, 120B and 34 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge from the petitioner. It is further alleged that on asking about the documentary proof in respect of vehicle, they could not produce a chit of paper, from which it transpired that the alleged vehicle is stolen one.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.5024 of 2023(3) dt.15-05-2023 2/2 committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 02.05.2023 passed in Cr. Misc. No. 72660 of 2022. He is languishing in judicial custody since 22.02.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Amnaur P.S. Case No. 50 of 2022.

(Sunil Kumar Panwar, J) arish/- U T