Nejamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21598 of 2021 Arising Out of PS. Case No.-477 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== NEJAMUDDIN, S/o Md. Jainul Abedin, resident of village-Ratwara Chandan, P.S.- Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 413/414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Allegation against the petitioner is that the police was recovered two live cartridges and a mobile phone from the possession of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21598 of 2021(2) dt.14-09-2021 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that there is no recovery from the conscious possession of the petitioner. On the confessional statement of co-accused, the police was recovered two motorcycles from the garage of the petitioner. The co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 10.08.2021 passed in Cr. Misc. No.13671/2021. The petitioner is languishing in judicial custody since 21.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Paroo P.S. Case No.477/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T