Aisha Praveen @ Begum v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27306 of 2023 Arising Out of PS. Case No.-352 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Aisha Praveen @ Begum Wife Of Md. Lokman Village- Mirjapur Bardah, PsMuffassil Dist- 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.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 121, 379, 414, 120b and 34 of the Indian Penal Code, Sections 25(1-A), 25(1-AA), 25(1-b)a, 26 and 35 of Arms Act and 39 of the UAP Act.
Prosecution case in short, is that, on the basis of information, police team raided in the village Bardah, in the meantime, they came to know that one Md. Tanveer Alam @ Sonu was arrested from Hazaribagh and was brought to Muffasil Police station where he stated regarding concealment of some incriminating parts and ammunition of A.K.-47 rifles and on such information, the police team raided Sheetalpur Bahiyar and
Patna High Court CR. MISC. No.27306 of 2023(4) dt.26-07-2023 2/3 recovered 12 A.K.-47 rifles from the well of one Shrikant Singh. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to village politics and local enmity. She is not named in FIR rather her name came into light in this case on the basis of confessional statement of other co-accused person, namely, Manjar Alam before the police. Nothing incriminating article has been recovered either from her conscious possession or from her house. Only on the basis of suspicion or her previous criminal antecedent, she has been dragged in this alleged offence. Moreover, she is languishing in judicial custody since 29.08.2019. Similarly situated several coaccused persons have already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition.
Learned APP appearing for the state has opposed the prayer of regular bail.
From perusal of the progress report, it appears that the trial is not likely to be concluded in near future. Having heard learned counsel for the parties and considering the fact that petitioner is a lady and languishing in judicial custody for more than three and half years, this court is
Patna High Court CR. MISC. No.27306 of 2023(4) dt.26-07-2023 3/3 inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 352 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Munger. (Sunil Kumar Panwar, J) Shubham/- U T