Md. Shahrukh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20291 of 2019 Arising Out of PS. Case No.-505 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== MD. SHAHRUKH Son of Md Hasibul Rahman @ Md. Hasivur Rahman Resident of Mohalla/Village - Bhairopatti, P.S.- Bahadurpur, District - Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kedar Jha For the Opposite Party/s :
Mr. Navin Kr. Pandey, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is in custody in connection with Bahadurpur P.S. Case No. 505 of 2018 for the offence under Section 25 (1-b)a/26 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is innocent and he was not aware of the fact that the pistol was kept inside the bag which was carried by him. He further submits that in fact, the said bag was handed over to the petitioner by his friend with assurance that he will return after sometimes after completion of University work, but he did not come and without knowledge of the fact that pistol was kept in bag petitioner was carried the said bag to his house. Learned
Patna High Court CR. MISC. No.20291 of 2019(2) dt.02-04-2019 2/2 counsel for the petitioner next contended that police raided the house of the petitioner and seized the bag containing pistol. Learned counsel for the petitioner submits that petitioner is in custody since 25.11.2018.
Considering the factual position as discussed hereinabove and the fact that petitioner has remained in custody for more than four months, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with Bahadurpur P.S. Case No. 505 of 2018.
(Anil Kumar Upadhyay, J) T.Kr./- U T