Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18534 of 2020 Arising Out of PS. Case No.-97 Year-2014 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. SHAKIL Son of Shafik @ Shafi Alam Resident of Village - Mirjapur, Bardah, P.S.- Muffasil, District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-07-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a/26, (1-a) 26(i)(ii) and 35 of the Arms Act.

Prosecution case as lodged by the police personnel is that he reached village Mirzapur Bardah along with the raiding party and cordoned off the house of Md. Shamim @ Shami. On seeing the police team two accused persons came out of the house and escaped through narrow lanes of the village. On search, seven 9mm pistols and 7 magazines of 9mm pistol and one country made pistol of .315 bore was recovered from a plastic bag from the northern room of his house. The weapons

Patna High Court CR. MISC. No.18534 of 2020(3) dt.02-07-2020 2/2 were seized in the presence of two witnesses and a seizure list was prepared.

Learned counsel for the petitioner submits that he is innocent, has not committed any offence and has been falsely implicated in this case. He submits that nothing incriminating has been recovered from his conscious possession or house. He submits that petitioner has not been arrested on the spot. He further submits that petitioner bears no criminal antecedent and he is languishing in judicial custody since 20.12.2019. In the facts and circumstances of the case, let the petitioner, above named, be released 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 the learned C.J.M., Munger in connection with Mufassil Police Station Case No. 97 of 2014.

(Anjani Kumar Sharan, J) devendra/- U T