Patna High CourtCR. MISC./26829/2020bail granted

Md. Ibraj @ Md. Ebraj v. The State Of Bihar

2020-10-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26829 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- DEWARIA District- Muzaffarpur ====================================================== MD. IBRAJ @ MD. EBRAJ Son of Md. Nabi Hassan Resident of VillageDeoriya Kothi, Mehandiganj, Police Station- Deoriya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Deoriya P.S. Case No. 14 of 2020, disclosing offence punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act. On the basis of secret information that some miscreants had assembled for commission of a crime, a police team had allegedly conducted a raid at the given spot. Five persons were apprehended whereas three, allegedly, managed to flee away. The petitioner was one of the persons apprehended. From the persons apprehended, the police on search recovered certain incriminating materials. From the petitioner's possession, allegedly, one live cartridge and a knife was recovered.

Patna High Court CR. MISC. No.26829 of 2020(2) dt.19-10-2020 2/2 The petitioner is in custody since the date of his arrest on 05.02.2020. It has been stated in paragraph 3 of the application that after the petitioner was apprehended in the present case, he has been made accused in another case i.e. Kathaiya P.S. Case No. 12 of 2020.

Be that as it may, considering the nature of accusation against the petitioner relating to recovery of a cartridge from his possession and the fact that the petitioner is in custody since 05.02.2020, this application is allowed.

Let the petitioner, above-named, 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 learned Judicial Magistrate 1st Class, Muzaffarpur, in Deoriya P.S. Case No. 14 of 2020.

(Chakradhari Sharan Singh, J) Rajesh/- U T