Md. Gulam Sarwar @ Md. Gulam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21281 of 2015 Arising Out of PS.Case No. -167 Year- 2013 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Md. Gulam Sarwar @ Md. Gulam Khan, Son of Md. Mati Khan, resident of Village- Nauwa Garhi, P.S.- Naya Ram Nagar, District Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody since 30.8.2013 in a case registered under Sections 25(1-b)a/26 of the Arms Act. The prosecution case, in brief, as contained in the selfstatement of S.I. Abinash Chandra, S.H.O, Nayaramnagar P.S., is that on 29.8.2013 at about 17.30 hrs. he got a secret information that petitioner Md. Gulam Sarwar, a hardened criminal, who was absconding in a case relating to dacoity of Rs.99 lacs in Gitanjali Express, had come to Nauagarhi and wandering with arms and ammunition. Thereafter, he along with armed forces reached near Nauagarhi Mosque where seeing the police a person tried to hide himself. However, he was intercepted and interrogated about his identity, but he tried to mislead the police. Ultimately he broke down and revealed his name as Md. Gulam Sarwar. On search of his person, the police recovered a loaded country made pistol and two live cartridges. On the basis of the written report, the present case

Patna High Court Cr.Misc. No.21281 of 2015 (2) dt.13-07-2015 2/2 has been lodged.

It has been submitted on behalf of the petitioner that the charge sheet has been submitted in the case. It has further been submitted that one pistol and two live cartridges are said to have been recovered from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the court of Additional Chief Judicial Magistrate, Munger, in connection with G.R. No.1679/13, arising out of Naya Ram Nagar P.S. Case No.167/13.

(Sudhir Singh, J) PNM U T