Patna High Court/37260/2021bail granted

Md. Shahabuddin v. The State Of Bihar

2021-12-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37260 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== Md. Shahabuddin S/o Ajmuddin @ Bhagdu Mian R/o Village - Deoria, P.S. Maharajganj, Dist. - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Aslam Ansari, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Maharajganj P.S. Case No. 83 of 2021 dated 25.03.2021 instituted for the offences under Sections 25(1-b)a and 26 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.03.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that on 25.03.2021 the petitioner on seeing the police started fleeing but was apprehended and a loaded country-made katta along with three

Patna High Court CR. MISC. No.37260 of 2021(2) dt.08-12-2021 2/2 live cartridges and one fired empty cartridge was recovered from his possession.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and nothing was recovered from his possession and even if the allegation as alleged is considered to be true, then it is a case under the Arms Act.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.03.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan in connection with Maharajganj P.S. Case No. 83 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T