Md. Naiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37158 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- BANMANKHI District- Purnia ====================================================== Md. Naiyar Son of Md. Majeer Resident of Vilage- Jorganj, P.S. - Jankinagar, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Sections 25(1-B)a and 26 of the Arms Act.

3. As per allegation in the FIR, one loaded pistol along with one cartridge were recovered from the possession of the petitioner.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no independent witness of seizure list and petitioner is in custody since 02.03.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No. 37158 of 2024(2) dt.21-05-2024 2/2 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Banmankhi P.S. Case No. 82 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T