Md. Kalam Alam @ Md. Kalam @ Md. Kamal Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32546 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- SALAKHUA District- Saharsa ====================================================== Md. Kalam Alam @ Md. Kalam @ Md. Kamal Alam S/o Sajim Shaikh @ Sajim Alam R/o vill - Murli ward no. 4, P.s. - Salkhua (Banma Itahari OP), Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Salakhua (Banma Itahari OP) P.S. Case No. 341 of 2023 instituted for the offence under Sections 25(1-B)a of the Arms Act.

3.

Prosecution case in short is that there is recovery of one country made pistol and one live cartridge from the house of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-10-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.32546 of 2024(2) dt.01-05-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovered arms. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salakhua (Banma Itahari OP) P.S. Case No. 341 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T