Md. Anis @ Tunna v. The State Of Bihar

Patna High Court Cr.Misc. No.21749 of 2016 (3) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21749 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Md. Anis @ Tunna Son of Md. Sajeem @ Sajo resident of village - Mirjapur Bardah, P.S. Muffasil, District - Munger.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Ram Naresh Ray(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 242 of 2015 registered for the offences punishable under Sections 25(1-b)A, 25 (1-A), 25 (1-AA), 25 (1-AC), 26 (i) (ii) (iii) of Arms Act.

Allegedly, eight persons were caught who were indulged in preparing illegal arms and they disclosed the name of the petitioner that the petitioner succeeded in fleeing away. Submission is of false implication and that the petitioner was not apprehended at the place of occurrence, he has got no concern with the recovered articles, he has been falsely named by co-accused, resulting, he is suffering in custody since 27.12.2015, co-accused Md. Ezaz has already been allowed bail vide Cr. Misc. No. 14686 of 2016 and as such he also deserves sympathetic

Patna High Court Cr.Misc. No.21749 of 2016 (3) dt.15-07-2016 consideration.

Learned APP fairly submits that co-accused Md. Ezaz and Md. Sadrul have been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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 Muffasil P.S. Case No. 242 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T