Imran Mustaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39020 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== IMRAN MUSTAQUE S/O MUSTAQ AHMED R/o village- Barhan Gopal, P.S.- Siwan Mufassil, District- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on receiving secret information about the accused persons having gathered and planning to give effect to an occurrence, it is stated that a raid was conducted and four accused persons including the petitioner herein was caught. From the possession of the petitioner a loaded country made pistol, two live cartridges and a knife was recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.39020 of 2021(2) dt.12-01-2022 2/2 that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. He is in custody since 2.2.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 11 months, the petitioner is directed to be enlarged on bail in connection with Siwan (Mufassil) P.S. Case no. 45 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan.

(Partha Sarthy, J) Spd/- U T