Md. Mustakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18928 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== Md. Mustakim S/O- Md. Gaffar @ Md Gafur Resident Of Village Ghasiyar, P.S. Kotwali, District Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Sah For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26(i)(ii), 35 of Arms Act.

As per prosecution case, some miscreants, possessed with fire arms, committed theft in the house of one Kailash Mandal. It is further alleged that during investigation, two country made pistols and four

Patna High Court CR. MISC. No.18928 of 2023(2) dt.18-05-2023 2/3 cartridges were recovered near the bush.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern either with the alleged recovery or with other co-accused persons. Nothing incriminating has been recovered from the conscious possession of the petitioner and his name sprang up on the confessional statement of Md. Raja. Moreover, petitioner is languishing in judicial custody since 26.07.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kasim Bazar P.S. Case No. 193

Patna High Court CR. MISC. No.18928 of 2023(2) dt.18-05-2023 3/3 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Munger.

(Sunil Kumar Panwar, J) nirajkrs/- U