Md. Mustakim @ Mangal Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42488 of 2021 Arising Out of PS. Case No.-357 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Mustakim @ Mangal Khan S/O Late Md. Zainul R/O Village-Mirzapur Bardah (Dariapur), P.S-Muffasil, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Muffasil P.S. Case No. 357 of 2018, registered for the offence under Sections 121, 379, 414, 120(B)/34 of the Indian Penal Code, Section 25(1AA)/25(1-B)A/26/35 of the Arms Act and Section 39 of the UAP Act.

As per the prosecution case, this petitioner alongwith other F.I.R. named accused persons were indulged in selling illegal arms.

Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused Md. Imam Alam. No arms and ammunition have been recovered from the possession of the petitioner. Petitioner

Patna High Court CR. MISC. No.42488 of 2021(4) dt.25-01-2022 2/2 is 4th Grade employee in Government School. Only material, which has come against the petitioner, is that he used to purchase arms from the co-accused Md. Imam Alam. Some of the similarly situated co-accused have already been granted bail by this Court and petitioner is in custody since 18.11.2019. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger / concerned court in connection with Muffasil P.S. Case No. 357 of 2018.

(Prabhat Kumar Singh, J) anay/- U T