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Patna High CourtCR. MISC./29681/2024bail granted

Armanullah Khan @ Photo Khan v. The State Of Bihar

2024-04-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29681 of 2024 Arising Out of PS. Case No.-518 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Armanullah Khan @ Photo Khan S/O Late Tauhid Khan R/O Village- Waris Nagar Hemjapur, P.S- Amas, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rampur P.S. Case no. 518 of 2023 registered under sections 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, twenty live cartridges were recovered from the possession of Hafizullah Khan and Shahbaz Khan. The informant states that on inquiry they further disclosed that they were involved in supply of cartridges on the instructions of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The cause of false implication is his antecedents. Except for the statement of

Patna High Court CR. MISC. No.29681 of 2024(2) dt.19-04-2024 2/2 co-accused made before police, there is no material against the petitioner. No incriminating article has been recovered from his possession. He is in custody since 22.11.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State who submits that the petitioner is accused in as many as eighteen cases from before.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in this F.I.R, no incriminating article having been recovered from his possession, the petitioner having remained in custody for more than 4 months since 22.11.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Rampur P.S. Case no. 518 of 2023 , on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Gaya.

(Partha Sarthy, J) Harsh/- U T