Md. Sameer @ Md. Samir @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21286 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== MD. SAMEER @ MD. SAMIR @ CHUNNU Son of Md. Habib Resident of Village-Ninga, Police Station-Barauni, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Begusarai Rail P.S. Case No. 75 of 2022 dated 15.11.2022 registered for the offences punishable u/s 401, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per the prosecution case, during the course of patrolling of railway premises, the police arrested the petitioner including the co-accused persons and a country made pistol, mobile, knife and a Glamour motorcycle were recovered from

Patna High Court CR. MISC. No.21286 of 2023(2) dt.22-05-2023 2/2 their possessions. A long knife was recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barauni, Begusarai in connection with Begusarai Rail P.S. Case No. 75 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T