Munshed @ Munsed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12331 of 2023 Arising Out of PS. Case No.-954 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== MUNSHED @ MUNSED S/O MD. AYUB Resident of Village- Bahadarpur, Ward No.- 9, P.S.- Amour, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act As per FIR, it is alleged that petitioner along with co-accused persons were apprehended on the spot while they were going to commit loot. It is further alleged that several arms and other articles were recovered from the co-accused persons and from the possession of the petitioner one Oppo mobile phone was recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12331 of 2023(2) dt.16-05-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor from co-accused persons and nothing incriminating article has been recovered from his conscious possession rather recovered mobile phone belongs to him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.09.2022.

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 K Hat (Maranga) P.S. Case No. 954 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 C.J.M. Purnea.

(Sunil Kumar Panwar, J) Manishkumar/- U T