Md. Moharram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11189 of 2019 Arising Out of PS. Case No.-768 Year-2018 Thana- ARARIA District- Araria ====================================================== Md. Moharram Son of Late Riyaz, Resident of village- Hariya Bara, Ward No. 01, P.S.- Araria (R.S. O.P.), Dist- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan(APP-231), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Araria (R.S.) P.S. Case No. 768/2018 (Special Case No. 1405/2018), for the offence under Section 37(2) of the Bihar Prohibition & Excise Act, 2016 and section 25(1-b)/26 of the Arms Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The allegation is recovery of one country-made pistol from the possession of the petitioner. In fact there is no recovery from conscious possession of the petitioner.

The petitioner is in custody since 07.11.2018. Considering the fact that the petitioner has no criminal antecedent, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000 (Ten thousand) with two sureties of the

Patna High Court Cr.Misc. No.11189 of 2019(2) dt.25-02-2019 2/2 like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Araria (R.S.) P.S. Case No. 768/2018 (Special Case No. 1405/2018). (Anil Kumar Upadhyay, J) vinita/- U