Md. Anish @ Tuno v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14437 of 2025 Arising Out of PS. Case No.-91 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Anish @ Tuno Son of Late Md. Sajim Resident of Village- Mirzapur Bardah, P.S.- Mufassil Munger, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 91 of 2024 dated 10.03.2024 registered for the offences punishable under Section 25(1-A), 25(1-AA), 25(1-B)(a), 26(1), 26(2) and 35 of the Arms Act.

3. As per the prosecution case, five unknown miscreants started fleeing away on seeing the police from the maize field and two miscreants were apprehended who disclosed his name as Md. Anish @ Tuno (petitioner) and Md. Sadab @ Gufran (co-accused) and the petitioner also disclosed the name of the co-accused persons who fled away from there as

Patna High Court CR. MISC. No.14437 of 2025(2) dt.19-04-2025 2/3 Md. Azad, Md. Imran and Md. Perwej. On search, two pistol, one desi katta, two semi-constructed pistol, one live cartridge and apparatus making firearms were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said maize field as stated in para 8 of the bail petition. The charge-sheet has been submitted against the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2024. The co-accused namely Md. Perwej has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 22.01.2025 passed in Cr. Misc. No. 76727 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.14437 of 2025(2) dt.19-04-2025 3/3 concerned, Munger in connection with Mufassil P.S. Case No. 91 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T