Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31159 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Md. Arman Son Of Late Md. Ashafak R/O Village- Jaimal Dumri, P.S.- Paroo, District- Muzaffarpur.

2.

Md. Enam @ Enam Alam Son Of Late Md. Tuffail Ahmed R/O VillageJaimal Dumri, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh- Sr. Advocate Mr. Manindra Kishore Singh- Advocate For the Opposite Party/s :

Mr. Zainul Abedin- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Jaintpur O.P. (Saraiya) P. S. Case No.51 of 2021, instituted for the offences under Sections 414/ 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are in custody since 15.01.2021 and chargesheet has been submitted in the case and petitioner no.1 is a person with clean antecedent and against petitioner no.2, there is one case as mentioned in Para-3 of the bail petition.

Patna High Court CR. MISC. No.31159 of 2021(2) dt.25-11-2021 2/3 Learned counsel for the petitioners further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that from the possession of petitioner no.1, one country-made loaded pistol was recovered and from the possession of petitioner no.2 also one country-made loaded pistol was recovered with live cartridge.

Learned senior counsel for the petitioners submits that the petitioners have been falsely implicated in this case and they are languishing in custody.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioners are in custody since 15.01.2021, charge-sheet has been submitted in the case and petitioner no.1 is a person with clean antecedent and against petitioner no.2, there is one case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, (West) Muzaffarpur in connection with Jaintpur O.P. (Saraiya) P. S. Case No.51 of 2021.

Patna High Court CR. MISC. No.31159 of 2021(2) dt.25-11-2021 3/3 The application stands allowed.

(Satyavrat Verma, J) vikash/- U T