Patna High CourtCR. MISC./19298/2019bail granted

Md. Azam @ Munna v. The State Of Bihar

2019-05-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19298 of 2019 Arising Out of PS. Case No.-59 Year-2016 Thana- PATNA RAIL P.S. District- Patna ====================================================== Md. Azam @ Munna Son of Late Sahangir @ Late Jahangir Resident of Village - Sita Kund (Bardah), P.S.- Muffasil, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 120B of the Indian Penal Code as well as 25(1-B)A, 26, 35 of the Arms Act and 164 of Railway Act. Allegation is that the three country made pistols and seven magazines were recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.10.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on disclosure made by co-accused. No arms is said to have been recovered from the

Patna High Court CR. MISC. No.19298 of 2019(4) dt.13-05-2019 2/2 possession of the petitioner. Arms are said to have been recovered from co-accused, namely, Mahjabi Khatton and Sufiya Khatoon. It is further submitted that the petitioner may be released after completion of nine months in custody from 29.10.2018.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of nine months in custody from 29.10.2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway Court, Patna in connection with Patna Railway P.S. case No.59 of 2016.

(Sudhir Singh, J) Narendra/- U T