Md. Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18348 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== MD. IRSHAD Son of Md. Sahub @ Sahup Shah Resident of Village - Machhahi, P.S.- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Ashok Kumar Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Sakra P.S. Case No. 43 of 2020 for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-6)a, 26 and 35 of the Arms Act.

The allegation is regarding the Police having apprehended three miscreants including the petitioner herein and as far as the petitioner is concerned, upon a search being

Patna High Court CR. MISC. No.18348 of 2020(2) dt.05-06-2020 2/2 made, one live cartridge was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 06.02.2020. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is having a clean antecedent and is languishing in custody since 06.02.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Muzaffarpur in connection with Sakra P.S. Case No. 43 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T