Md. Sain @ Saheen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19735 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Sain @ Saheen Son of Md. Maqsood Resident of Village - Momin Tola, Takichak, P.S.- Habibpur, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2021 Let the defect(s), as pointed out by the Office, be removed within four weeks of start of normal functioning of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Mojahidpur (Babarganj) P.S. Case No. 132 of 2020 registered for the offence under Sections 399, 402 and 411 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and 4 and 5 of the Explosive Substance Act.

As per allegation in the FIR, one country made 'Katta' loaded with one live cartridge and 12 live country made bombs were recovered from the possession of the accused persons.

Patna High Court CR. MISC. No.19735 of 2021(2) dt.15-11-2021 2/2 Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case. He further submits that the petitioner is in jail custody since 29.06.2020. He further submits that coaccused Gaurav Jha @ Gaurav Kumar Jha has been granted regular bail by the court below itself.

However, learned APP for the State vehementally opposed the prayer for regular bail.

In the facts and circumstances of the case, the above named petitioner is directed to be released on bail 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, Bhagalpur in connection with Mojahidpur (Babarganj) P.S.Case No. 132 of 2020.

(Rajesh Kumar Verma, J) Brajesh Kumar/- U T