Sadik Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26291 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Sadik Raja Son of Khedaru Mian Resident of Village - Turkaha, P.S.- and Distt.- Gopalganj.

2.

Ishrarul Haque Son of Fakruddin Resident of Village - Takiya Yaqub, P.S. and Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 399, 402, 413, 414 of the Indian Penal Code and 25(1B)a, 26, 35 of the Arms Act. Allegation is that the accused persons were caught along with looted motorcycle, arms and ammunition. It has been submitted on behalf of the petitioners that the petitioners are in custody since 25.02.2019 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Arms are alleged to

Patna High Court CR. MISC. No.26291 of 2019(2) dt.23-04-2019 2/2 have been recovered from co-accused Parvej Alam. No arms are alleged to have been recovered from the possession of the petitioners. The motorcycle in question belongs to the petitioners. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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 Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Town) P.S. case No.107 of 2019.

(Sudhir Singh, J) Narendra/- U T