Md. Tanveer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17368 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- MANSI District- Khagaria ====================================================== Md. Tanveer S/O Md Moshim R/O Village- Mirzapur, Bardah, P.S- Muffasil, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Binay Kumar, Advocate For the State :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mansi P.S. Case No. 223 of 2023 instituted for the offence under Sections 25(1-B)a, 25(1)a, 26(1)(2) & 35 of the Arms Act. 3.

As per the prosecution case, there is recovery of 19 country made pistols, 18 magazines and 2 live cartridges, some unfinished firearms, equipment tools etc. from the house of Md. Shami Ahmed.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-07-2023. Petitioner is

Patna High Court CR. MISC. No.17368 of 2024(2) dt.18-03-2024 2/3 stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. It is submitted that recovery is made from the house of co-accused. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

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 Court below/concerned Court in connection with Mansi P.S. Case No. 223 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.17368 of 2024(2) dt.18-03-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T