Md. Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17414 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== Md. Ekram S/O Late Md. Aurangazeb R/O Village- Dauna, P.S- Shahkund, Sajour, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1) (1AA)/25[(1-(1-b)C], 26, 28, 35 of the Arms Act. As per F.I.R., it is a case of recovery of huge quantity of arms and ammunitions, mobile phones and tools from the house of the petitioner which were used in manufacturing the illegal arms.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No effective weapons or materials and country made pistol recovered from the possession of the petitioner and the the recovered article does

Patna High Court CR. MISC. No.17414 of 2023(3) dt.26-06-2023 2/2 not come within the purview of Arms Act. The petitioner is a Lohar and the recovered articles are the tools of Lohar. It is further submitted that this case is case of misconception. Moreover, the petitioner is languishing in judicial custody since 22.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahkund P.S. Case No. 247 of 2022 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., Bhagalpur.

(Sunil Kumar Panwar, J) lata/- U T