Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16059 of 2020 Arising Out of PS. Case No.-334 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== MD. SADDAM, aged about 37 years, Male, Son of Md. Atabul, Resident of Village - Gamharia/Gamhariya, Ward No. 10, P.S.- Murliganj, Distt - Madhepura ... Petitioner

Versus

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

For the Petitioner :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 334 of 2019, registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that in course of patrolling duty, informant and other police personnel received information about gathering of the miscreants near mosque in village Gamhariya, the informant and other police personnel reached there. On seeing the police vehicle two persons succeeded to flee away, but, one was apprehended present near motorcycle and disclosed his name Md. Saddam (petitioner). On search, he was found in possession of one loaded country made pistol with two live cartridges. On query, he disclosed the name of his two

Patna High Court CR. MISC. No.16059 of 2020(2) dt.05-06-2020 2/2 associates, Md. Firoz and Md. Moin.

Submission is that petitioner has falsely been implicated in this case showing the recovery of loaded country made pistol by the police as he is accused in Murliganj P.S. Case No. 95 of 2014, in which he is on bail. Further, submission is that the petitioner is in custody since 13.09.2019 and on investigation, the police has already submitted the charge sheet. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Murliganj P.S. Case No. 334 of 2019 to the satisfaction of the Chief Judicial Magistrate, Madhepura, subject to the condition that out of two bailors, one must either be parent or close relative of both the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T