Patna High CourtCR. MISC./9754/2020bail granted

Mohammad Aftab Alam @ Aftab Alam v. The State Of Bihar

2020-02-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9754 of 2020 Arising Out of PS. Case No.-250 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== MOHAMMAD AFTAB ALAM @ AFTAB ALAM, aged about 30 years, Male, Son of Late Md. Samsul Huq, Resident of Village - Mirzapur, Bardah, P.S. - Mufassil, District - Munger ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Kamal Nayan, Adv.

For the Opposite Party :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Mufassil P.S. Case No. 250 of 2019 (G.R. No. 2251 of 2019), registered under Sections 121, 179, 120B/34 of the Indian Penal Code and 25(1-A), 25(1-AA), 25(1-B)A, 26 and 35 of the Arms Act. The accusation is that on receiving the information about preparing the illegal country made pistol at the house of Aftab Alam (petitioner) in village Bardha, the informant, along with other police personnel, reached there. From the house of the petitioner, one pistol, one semi prepared pistol, five semi prepared magazines, two cartridges, stand drill, base machine, hammer and other materials recovered.

Submission is that the petitioner is suffering from polio, which would appear from Annexure 2, the certificate

Patna High Court CR. MISC. No.9754 of 2020(2) dt.28-02-2020 2/2 issued by the Medical Officer, Block Sadar, Munger. The petitioner has no criminal antecedent and is in custody since 28.08.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mufassil P.S. Case No. 250 of 2019 (G.R. No. 2251 of 2019) to the satisfaction of Sri N.K. Ram, Chief Judicial Magistrate, Munger, subject to the condition that one of the bailors must be close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T