Md. Sahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44037 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- PALASI District- Araria ====================================================== 1.

Md. Sahnawaz S/O Md. Junaid Alam R/O Village-Padampur Estate, P.SDighlibank, District-Kishanganj, Bihar. 2.

Md. Mumtaj S/O Nasruddin R/O Village-Padampur Estate, P.S-Dighlibank, District-Kishanganj, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2021 Heard both parties.

The petitioners seek bail in Palasi P.S. Case No. 93 of 2021, registered for the offence punishable under Sections 399, 402, 120B of the Indian Penal Code, sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, on secret information that some miscreants have assembled at Dhobri Middle School to commit crime, the informant along with others surrounded the said school where petitioners were apprehended who disclosed name of three associates. It is further alleged that from possession of petitioner no. 1 one country made pistol with live cartridge and from petitioner no. 2 one mobile, one country made pistol and one motorcycle have been recovered.

Patna High Court CR. MISC. No.44037 of 2021(2) dt.01-11-2021 2/2 It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. Nothing has been recovered from possession of petitioners. Petitioners are in custody since 17.05.2021 having clean antecedent. Charge sheet has already been submitted.

Considering the facts and circumstances of the case and clean antecedent of the petitioners, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 93 of 2021.

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