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Patna High CourtCR. MISC./36499/2020bail granted

Mehandi Khan @ Mehandi Hasan @ Mehandi Hasan Khan v. The State Of Bihar

2021-01-30Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36499 of 2020 Arising Out of PS. Case No.-353 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== MEHANDI KHAN @ MEHANDI HASAN @ MEHANDI HASAN KHAN Son of Abdul Asin Shah @ Chhedi Khan @ Chhedi Pahalwan Resident of Mohalla- Koeripurwa Buxar, Police Station- Buxar Town, District- Buxar, At present Khalasi Mohalla, Police Station- Buxar Town, District- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-01-2021 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Buxar Muffasil P.S. Case No. 353 of 2019 dated 13.11.2019 instituted for the offence under Sections 25(1-b)aa, 26, 35 of the Arms Act.

A semi-automatic pistol and five live cartridges were found beneath the pillow of the bed which had been occupied by two persons including the petitioner. The learned counsel for the petitioner has submitted that he has been made accused in this case only because of the earlier cases which had been lodged against him. He further submits that four cases were

Patna High Court CR. MISC. No.36499 of 2020(2) dt.30-01-2021 2/2 lodged against him prior to the lodging of the present case and in three of them, the petitioner is on bail. There is a wrong noting in the impugned order about five cases against the petitioner.

The petitioner is in custody since 13.11.2019 and there is no substantial progress in the case before the court below.

Considering the aforenoted aspects of the matter, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Muffasil P.S. Case No. 353 of 2019.

(Ashutosh Kumar, J) krishna/- U T