Md. Mozaffar @ Muzaffar @ Mazaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32958 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -GAYA RPF/POST District- GAYA ====================================================== MD. MOZAFFAR @ MUZAFFAR @ MAZAFFAR, S/o Sabab Uddin, R/o Karimganj Kabristangali, Ward No. 26, P.S.- Civil Line, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 12.02.2018 in connection with Gaya R.P.F. Post Case No.09/2018 registered for the offence under Section 3 RP(UP) Act.

Learned counsel for the petitioner submits that the alleged recovery was from the bush and not from the conscious possession of the petitioner nor was he carrying the alleged items, so recovered. It is further submitted that the petitioner is a poor labourer and was going to his work. The alleged seizure was also not made in presence of the independent witness. Considering the aforementioned facts and circumstances and that the petitioner has already been in

Patna High Court Cr.Misc. No.32958 of 2018 (3) dt.05-07-2018 2/2 custody since 12.02.2018 and has no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Magistrate, Gaya, in connection with Gaya R.P.F. Post Case No.09/2018.

(Anjana Mishra, J) PNM U T