Md Akeel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21647 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== MD AKEEL Son of Late Fakikur Rahman Resident of Village - Saraiya, P.S.- Simri, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kurhani P.S. Case No. 612 of 2019 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of huge quantity of live cartridges from the accused persons and as far as the petitioner is concerned, it is alleged that 300 pieces of live cartridges were recovered from him.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.21647 of 2020(2) dt.06-07-2020 2/2 the petitioner is innocent, has been falsely implicated in the present case and he is having clean antecedent and is languishing in custody since 16.09.2019.

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 and taking into account the period of incarceration of the petitioner apart from the fact that he is having a clean antecedent, 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 A.C.J.M.-3rd, Muzaffarpur in connection with Kurhani P.S. Case No. 612 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T