Patna High CourtCR. MISC./25218/2023bail granted

Md. Lokman @ Lukman v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25218 of 2023 Arising Out of PS. Case No.-334 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. LOKMAN @ LUKMAN SON OF MD. GAFOOR RESIDENT OF VILLAGE- MIRJAPUR BARDAH, PS- MUFFASIL , DISTT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 334 of 2018 registered for the offence under Sections 121, 379, 414, 120B/34 of the Indian Penal Code and 25(1-a)25(1-AA), 25(1-b)a, 26/35 of the Arms Act and Section 39 of the Unlawful Activities (Prevention) Act. The petitioner is said to have kept the AK 47 Rifle for two days in his house.

Learned senior counsel for the petitioner submits that though the petitioner has criminal antecedent but after arrest in this case, he has been made accused in all the cases. He

Patna High Court CR. MISC. No.25218 of 2023(2) dt.23-05-2023 2/3 further submits that the only allegation against him is that he had kept two AK-47 in his house for two days and there is no recovery from the personal possession of the petitioner. He further submits that similarly situated accused persons have been granted bail by this Court. He further submits that the petitioner is in custody since 29.08.2019 and there is no substantial progress in the trial as charges have been framed only.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid submission of the petitioner and considering his period of custody, inasmuch as, co-accused persons have been granted bail by different Coordinate Benches of this Court, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 1,00,000/- (One Lakh) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-7th, Munger/concerned Court below in connection with Muffasil P.S. Case No. 334 of 2018. Both the bailors should be close blood relative of the

Patna High Court CR. MISC. No.25218 of 2023(2) dt.23-05-2023 3/3 petitioner.

The Court below will get the photograph of the accused and the bailors on record and the petitioner will mark his attendance at the Muffasil Police Station Dist- Munger on the every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T