Mohammed Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33311 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Mohammed Mumtaz aged about 28 years Son Of Mohammaed Muzrif Resident Of Village- Deoriya Sedha, P.S.- Deoriya, District- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mani Bhushan Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 25(1B)a/26 of the Arms Act. As per the prosecution case, on the disclosure made by the petitioner, arms and ammunition were recovered from the house of the co-accused Md. Mustak.

Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and the arms and ammunition were recovered from the house of the co-accused Md. Mustak. the petitioner is innocent and has falsely been implicated in this case. He is in custody since 1.7.2020. Charge sheet has already been submitted.

Considering the facts and circumstances of the case, let

Patna High Court CR. MISC. No.33311 of 2021(2) dt.27-08-2021 2/2 the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Muzaffarpur west in Paroo Police Station Case No. 246 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T