Md. Sabir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33959 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Md. Sabir S/o Md. Gulab R/o Vill- Hasanchak, Muzaffarpur, P.S. Sadar Muzaffarpur, Distt. Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
Mr. Sanjay Kumar Azad, Adv.
For the Opposite Party/s :
Mr. None.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-06-2018 Heard Sri Arvind Kumar, learned counsel, assisted by Sri Sanjay Kumar Azad, learned counsel for the petitioner. None appeared on behalf of the State.
The sole petitioner, who is in custody since 27.02.2018 in Majhaulia P.S. Case No.67 of 2018 registered for the offence under Sections 399/402 of the Indian Penal Code, has prayed for grant of bail.
Learned counsel for the petitioner submits that the petitioner was having clean antecedent, however on false accusation, the petitioner was apprehended as if he was member of the accused, who had allegedly assembled for making preparation for committing dacoity and, thereafter, a case under the Arms Act was also instituted. It has been argued that no arm
Patna High Court Cr.Misc. No.33959 of 2018(2) dt.25-06-2018 2/2 or any other article was recovered from the possession of the petitioner but only on false accusation, the petitioner was apprehended. He further submits that in respect of the Arms, one another case vide Majhaulia P.S. Case No.68 of 2018 was registered, in which the petitioner has already been granted bail. Considering the nature of accusation as well as the fact that in the Arms Act, the petitioner has already been granted bail, there is no reason to further detain the petitioner in custody in the present case. Accordingly, let the petitioner, namely, Md. Sabir be enlarged on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. West Champaran, Bettiah in connection with Majhaulia P.S. Case no.67 of 2018. (Rakesh Kumar, J) nawalkrs/- U T