Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13707 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. FIROZ S/O LATE MD. TASLIM Resident of Village- Mirzapur Bardah, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-A), 25(1-AA)/25(1-b)a/26(i)(ii)(iii)/35 of the Arms Act. The prosecution case relates to recovery of three semi prepared pistols and three barrels, which were recovered from co-accused, namely, Rajdeep Kumar and upon his confession name of the petitioner surfaced in this present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-caused. Neither the petitioner

Patna High Court CR. MISC. No.13707 of 2023(2) dt.11-05-2023 2/2 was apprehended on the spot nor any incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 21.02.2023 passed in Cr. Misc. No. 64387 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 23.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 233 of 2022 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, Munger. (Sunil Kumar Panwar, J) Manish/- U T