Md. Shahnawaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9597 of 2019 Arising Out of PS. Case No.-596 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== MD. SHAHNAWAJ ALAM Son of Md. Sirazuddin Resident of VillageMansuri Tola, Mahendrapur, P.S.- Sadar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.10.2018 in connection with Sadar Muffasil P.S. Case No. 596 of 2018 for offences punishable under Sections 25(1-b) a/26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on secret information that a person armed with pistol is roaming in the market, the police reached the market place and apprehended the petitioner, who was trying to flee away. On search, from the possession of the petitioner one country-made pistol and one live cartridge was recovered, and, accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.9597 of 2019(2) dt.19-02-2019 2/2 petitioner that he is innocent, bears no criminal history and no overt act has been alleged against him. He further submits that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail stating therein that on the confessional statement of the petitioner it was found that he had indulged in stealing of motorcycles as well.

Considering the nature of allegations and the period of custody, let petitioner, above named, be enlarged 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, Purnea, in connection with Sadar (Muffasil) P.S. Case No. 596 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T