Md. Manzar @ Manjee @ Md. Manzar Alam @ Manzar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24853 of 2021 Arising Out of PS. Case No.-352 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. MANZAR @ MANJEE @ MD. MANZAR ALAM @ MANZAR SON OF LATE MD. ALI RAJA R/O VILLAGE/ MOHALLA- BIRZAPUR BARDAH, P.S.- MUFASSIL, DISTRICT- MUNGER.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar Singh For the Opposite Party/s :
Mr. Md. Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 121, 379, 414, 120(B)/34 of the Indian Penal Code, u/s 25(1-A) 25(1-AA), 25(1-B) A/26/35 and 39 of Arms Act.
As per the prosecution case, on 28.09.2018 at about 5 AM, co-accused, Md. Tanveer Alam, suspect of Muffasil PS case No. 323/2018, was arrested, who disclosed the names of 15 persons, including this petitioner, who are involved in illegal trade of arms.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no material on record to suggest that petitioner was involved in illegal trade of arms and no arms and ammunition has been recovered from the possession of the petitioner. Only allegation against this petitioner is that he assisted other co-accused persons in supply of arms and ammunition to the Naxalites and other dreaded criminals. Petitioner is in custody since 29.10.2018 and investigation in
Patna High Court CR. MISC. No.24853 of 2021(5) dt.28-09-2021 2/2 this case is complete.
Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is named in the FIR and there is specific and direct allegation against him that he was involved in illegal trade of arms and ammunition and supplied the same to the Naxalites and other dreaded criminals. Twelve AK-47 rifles and their parts were recovered from a well. Ten criminal cases of similar nature are pending against the petitioner.
Considering the facts and circumstances of the case and the nature of accusation against this petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
Since the petitioner is in custody since 29.10.2018, the trial court is directed to conclude the trial as soon as possible.
(Prabhat Kumar Singh, J) BKS/- U T