Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19453 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== Md. Munna Son of Md. Safi Alam Resident of Village - Kaura Maidan, P.S. - Kasim Bazar, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kasim Bazar P.S. Case No. 193 of 2022, registered for the offences punishable under Sections 25 (1-b)a /26 (i) (ii) and 35 of the Arms Act.

The prosecution case in nutshell is that some miscreants having illegal fire-arms and ammunitions committed theft in the house of Kailash Mandal. Seven miscreants were identified out of which four were arrested. On identification of arrested miscreants two country-made pistols and four live cartridges were recovered.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner

Patna High Court CR. MISC. No.19453 of 2023(2) dt.17-05-2023 2/2 and his name has been implicated on the confessional statement of the co-accused, namely, Md. Raja, there is no specific allegation against the petitioner. Before this case, there was no criminal antecedent, however he has been implicated in three other cases in which he is on bail. Petitioner is in jail custody since 26.07.2022. Charge-sheet has already been filed against the petitioner and co-accused and there is no chance of absconding and tampering with the evidence.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court concerned in connection with Kasim Bazar P.S. Case No. 193 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T