Patna High CourtCR. MISC./31971/2024bail granted

Md. Jamshed @ Md. Jamshed Sinha v. The State Of Bihar

2024-04-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31971 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- MANJHI District- Saran ====================================================== Md. Jamshed @ Md. Jamshed Sinha S/O Md. Kuresh R/O VillageKarimchak, Khanua, P.S- Chapra Town, Distt.- Saran At Chapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manjhi P.S. Case No. 20 of 2024 instituted for the offences under Sections 399 & 402 of the Indian Penal Code and Section 25(1B)(a), 26 & 35 of the Arms Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police party, the accused persons tried to flee away from there but, were apprehended by the police. On being asked, they disclosed their names as Bijendra Kumar Yadav, Rohit Kumar, Md. Jamshed (the petitioner). On search, the police recovered one mobile phone from the possession of the

Patna High Court CR. MISC. No.31971 of 2024(2) dt.26-04-2024 2/3 petitioner. The police has also recovered one country made pistol and a mobile from the possession of Bijendra Kumar Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He submits that the petitioner has been implicated in the present case only on the basis of his past criminal antecedents. The alleged vehicle does not belong to the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has three criminal antecedents and is languishing in judicial custody since 22.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Manjhi P.S. Case

Patna High Court CR. MISC. No.31971 of 2024(2) dt.26-04-2024 3/3 No. 20 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T