Rizwan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15979 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Rizwan Mian Son of Late Sadik Mian Resident of Village-Kritpura, P.SBaikunthpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 414 of the Indian Penal Code and Sections-25(i-b)a, 26 & 35 of the Arms Act. .

The prosecution case in brief is that in course of patrolling, the police caught three miscreants moving on two motorcycles in suspicious condition and out of them, from possession of one of the apprehended accused, one country-made loaded rifle and one live cartridge were recovered. The petitioner is said to have fled away from place of occurrence.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-01-2019.

Patna High Court CR. MISC. No. 15979 of 2019(4) dt.09-05-2019 2/2 Charge sheet has already been submitted. The name of the petitioner surfaced in this case on the basis of disclosure made by the co-accused. There is no recovery of any incriminating articles from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri N. K. Pandey, learned Judicial Magistrate-Ist Class, Gopalganj in connection with Baikunthpur P.S. Case No. 253 of 2018. (Sudhir Singh, J) A.K.V.//- U T