Md. Mokhtar @ Munna Khan @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49632 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. MD. MOKHTAR @ MUNNA KHAN @ MUNNA S/o Late Md. Kasim Resident of Village- Bahdura Police Station -Singhia ,District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Smt. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Singhia P.S. Case No. 38 of 2015 registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Section 25(1b)a, 26 and 35 of the Arms Act. On the basis of disclosure made by co-accused Raman Kumar Singh, the in-laws house of the petitioner was raided and the petitioner was apprehended with one pistol and two mobiles and it is alleged that the pistol was used in crime for which Mufassil P.S. Case No. 40 of 2015 has been registered. Submission is of false implication and that co-accused Raman Kumar Singh @ Munna Singh from whose possession two

Patna High Court Cr.Misc. No.49632 of 2015 (2) dt.10-12-2015 2/2 country made pistols and three live cartridges have been recovered, has already been allowed bail vide order dated 05.10.2015 passed in Criminal Miscellaneous No. 46556 of 2015 by another co-ordinate Bench of this Court, to which the learned A.P.P. does not dispute.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., Rosera at Samastipur arising out of Singhia P.S. Case No. 38 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U