Patna High CourtCR. MISC./13745/2015bail granted

Md. Sabbir v. The State Of Bihar

2015-05-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13745 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Sabbir, Son of Md. Jainul Abadin, resident of village - Mirzapur, Bardah, Police Station - Muffasil (Munger), District - Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 22-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in connection with (Munger) Muffasil P.S. Case No. 28 of 2014 registered for the offences punishable under Sections 25(1-A), 25(1-AA), (1-B)A, 25(1-AC) 26(i) (ii)/35 of the Arms Act, 124(B), 120B of the Indian Penal Code and 17, 18, 19, 21 and 25 of the U.A.P. Amendment Act, 2004. He has renewed his prayer for bail.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 22.08.2014 passed in Cr.

Patna High Court Cr.Misc. No.13745 of 2015 (5) dt.22-05-2015 2 / 2 Misc. No. 27281 of 2014.

It has been contended that the alleged recovery of illegal arms was from the house of co-accused Md. Nasrullah @ Nanhu @ Naushad and the name of the petitioner transpired in his confessional statement. There is no recovery of any incriminating weapon either from his possession or from his house. It has further been contended that the petitioner is in custody since 25.03.2014 and till date, charges have not been framed.

Regard being had to the facts and circumstances of the case, the petitioner is directed to 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 learned Sub-Divisional Judicial Magistrate, Munger in connection with (Munger) Mufassil P.S. Case No. 28 of 2014.

(Ashwani Kumar Singh, J.) Sanjeet/- U T