Patna High CourtCR. MISC./35083/2024bail granted

Md. Saddique @ Bablu @ Md. Saddik v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35083 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- MANIHARI District- Katihar ====================================================== Md. Saddique @ Bablu @ Md. Saddik S/o Ismail @ Md. Ismail R/o vill - Mahiyarpur, P.S. - Manihari, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Manihari P.S. Case No. 05 of 2024 dated 13.01.2024 registered for the offences punishable u/ss 279, 337 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, a country made pistol was recovered from the possession of the petitioner who was caught by villagers and handed over to police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the

Patna High Court CR. MISC. No.35083 of 2024(2) dt.16-05-2024 2/2 petitioner was caught by villagers and handed over to the concern police hence, no case under the Arms Act is made out against the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Manihari P.S. Case No. 05 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T