Md.Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22120 of 2023 Arising Out of PS. Case No.-437 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== MD.DILSHAD SON OF AHMAD HUSSAIN RESIDENT OF VILLAGEDARIYAPUR, PS- BELSAND, DISTT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Divya Bharti For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)A and 26 of the Arms Act.

As per prosecution case, on receiving a secret information that one person kept illegal weapon with him thereafter the police personnel reached at that place. One person apprehended and there has been recovery of one loaded countrymade pistol and two live cartridges from the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which was seized by the police.

Patna High Court CR. MISC. No.22120 of 2023(2) dt.25-04-2023 2/2 Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. He is languishing in judicial custody since 27.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sitamarhi in connection with Bathnaha P.S. Case No. 437 of 2022.

(Sunil Kumar Panwar, J) arish/- U T