Patna High CourtCR. MISC./8610/2024dismissed

Md. Mubarak v. The State Of Bihar

2024-02-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8610 of 2024 Arising Out of PS. Case No.-738 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Md. Mubarak Son Of Md. Jahir Village- Haripur Ward No. 1 PS -Farbesganj District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the State :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 69 of 2023 arising out of Forbesganj P.S. Case No. 738 of 2023 registered for the offence punishable under Sections 406, 420, 467, 468, 471, 413, 414, 120B of the Indian Penal Code; Section 21(c) and 22 of the NDPS Act; Section 25(1-b)a, 26 and 35 of the Arms Act; Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and Section 3 and 13 of the Foreign Exchange Management Act.

3. As per the prosecution case, one USA made pistol loaded with 5 live cartridges, 5 empty cartridges, 3 live cartridges, 3 empty cartridges and two live cartridges, 3 empty cartridges and one fire arm from the car parked outside the house of the petitioner, Rs. 15,000/- myanmar currency note and

Patna High Court CR. MISC. No.8610 of 2024(2) dt.22-02-2024 2/2 245 grams of Brown sugar has been recovered from the petitioner /petitioner's house/ petitioner's car/ petitioner's motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in jail since 29.11.2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. In view of the huge recovery, I am not inclined to grant bail to the petitioner.

7. This application is dismissed.

8. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T