Mohd. Imran And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25763 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -SIWAN CITY District- SIWAN ======================================================

1. Mohd. Imran, son of Mohd. Ishlam, Resident of House No. 85/5, Dupty Ka Paraw, Police Station- Raypurwa, District- Kanpur (U.P.).

2. Mohd. Saddam, Son of Babu Ali, Resident of Lala Niwada, Ward no. 4, Rasulabad, Police Station- Rasoolabad, District- Kanpur (U.P.). .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-08-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 399, 402, 411, 412, 413 and 414 of the Indian Penal Code and Sections 25 (1-b)a, 26 and 35 of the Arms Act. Allegation is that police apprehended petitioners along with other accused persons from a house and from some of the accused persons cash, jewelleries, arms and various other articles have been recovered.

It has been submitted on behalf of the petitioners that he is in custody since 14.1.2016. Chargesheet has been submitted against the petitioners. They have got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioners. There is no recovery of any arms from the conscious possession of the petitioners. Petitioners have been made accused due to mistake of fact.

On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.25763 of 2016 (4) dt.11-08-2016 2/2 above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Town (Sarai O.P.) P.S. Case no. 30 of 2016.

(Sudhir Singh, J) sudip/- U T