Md. Shahnawaz @ Md. Shahnawaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17129 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== MOHAMMAD PARWAIZ ALAM @ PARWEJ ALAM @ PRAWEJ SON OF LATE MD. KASIM @ QUAMRUDDIN R/O HAZRATGANJ KHANQUAH GALI NO.3, P.S.- KASIM BAZAR, DISTRICT- MUNGER ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22068 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== MD. SHAHNAWAZ @ MD. SHAHNAWAZ ALAM Son of Md. Ayub @ Md. Ayub Alam R/O Hazratganj, Bada Khanqah, Gali No.- 3, P.S.- Kasim Bazar, District - Munger, Bihar. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17129 of 2023) For the Petitioner/s :

Mr.Rama Kant Jha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari (In CRIMINAL MISCELLANEOUS No. 22068 of 2023) For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 25(1-a), 25(1aa), 25 1(1-ac), 25(1-b)a/26/35 of the Arms Act. Prosecution case relates to recovery of one Lathe machine, drill machine, iron plate, semi prepared country made pistol from the house of co-accused Amresh Kumar and accused

Patna High Court CR. MISC. No.17129 of 2023(2) dt.12-05-2023 2/2 persons including the petitioners were arrested and they confessed their guilt. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Nothing has been recovered from their conscious possession. Petitioners have no concern with the alleged recovery. The alleged recovery has been made from the house of co-accused Amresh Kumar. Both the petitioners are languishing in judicial custody since 31.3.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 129 of 2022.

(Sunil Kumar Panwar, J) sushma/- U