Safaz @ Md. Safaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23033 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Safaz @ Md. Safaz, aged about 22 years, Male, S/o Md. Vasil Resident of Village - Mohanpur ward no- 2, Police Station - Birpur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-09-2020 Heard Mr. Uday Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Runni Saidpur P.S. Case No. 03 of 2020 registered for the offence punishable under Section 414, 34 of the Indian Penal Code, 1860 and Section 25 (1-b) a / 26 / 35 of the Arms Act. The allegation against the petitioner as per the First Information Report is that a Car was intercepted by the Police in which four persons were travelling and upon search the Police party recovered a country made loaded pistol from the possession of co- passenger namely, Md. Moti and arrested the petitioner along with two other persons namely, Md. Chand and

Patna High Court CR. MISC. No.23033 of 2020(2) dt.07-09-2020 2/3 Maksud Alam. It has further been alleged that Car in question was allegedly snatched by the petitioner and other co- accused persons.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and no separate FIR / case has been lodged for snatching of the said Car. Learned counsel further submits that petitioner has got no criminal antecedent and nothing has been recovered from the possession of the petitioner. Learned counsel also submits that similarly situated co -accused Maksude Alam @ Maksood Alam has been granted bail by this court in Cr. Misc. No. 16715 of 2020 ( Annexure- 2 to the petition).

Having regard to the submissions made by the parties and taking into consideration the fact that no incriminating material has been recovered from the possession of the petitioner and similarly situated co-accused has been granted bail by this court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Sitamarhi,

Patna High Court CR. MISC. No.23033 of 2020(2) dt.07-09-2020 3/3 District - Sitamarhi / concerned court in connection with Runni Saidpur P.S. Case No. 03 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T