Md Samshad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26569 of 2021 Arising Out of PS. Case No.-550 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== MD SAMSHAD SON OF ASH MOHAMMAD RESIDENT OF VILLAGEMADHOPUR WARD NO.-4, P.S.- MANIYARI, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Adv.
For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
As per the prosecution case, the petitioner while making preparation to give effect to an occurrence, the petitioner was arrested and it is stated that from his possession, a loaded country made pistol and a live cartridge were recovered. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case because of his antecedent. He is in custody since 27.12.2020 and
Patna High Court CR. MISC. No.26569 of 2021(2) dt.29-11-2021 2/2 chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner having remained in custody for over 11 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Harsidhi P.S. Case no.550 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.
(Partha Sarthy, J) Saurabh/- U T