Md. Sajjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47490 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MD. SAJJAD Son of Md. Muslim Resident of Village - Koluha Paigambarpur, P.S.- Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Ms. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Kanti Police Station Case No. 104 of 2021, registered for the offences punishable under Sections 399/ 400/ 402 of the Indian Penal Code, Sections 20/22 of the N.D.P.S. Act and Sections 25(1-b)a/26/35 of the Arms Act.
The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that 7-8 miscreants have assembled near the Housing Board Office at NH-28, proceeded towards the place of occurrence and upon seeing the police, they started fleeing away and two accused persons managed to escape, however, the petitioner along with five other accused persons were apprehended and from the
Patna High Court CR. MISC. No.47490 of 2021(2) dt.07-02-2022 2/3 possession of the petitioner one country made pistol and from possession of another co-accused, 325 grams of "Charas" have been recovered.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the charas has been recovered from the possession of co-accused Md. Shahid, who has been granted bail by this Court in Criminal Misc. No. 35168 of 2021. He also submits that other co-accused persons have been granted bail by this Court as well as co-ordinate Bench of this Court in Criminal Misc. No. 35168 of 2021, 43569 of 2021 and 28405 of 2021 respectively. The petitioner is in custody since 11.02.2021, having no criminal antecedent.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 11.02.2021 and other coaccused persons have been granted bail by this Court as well as co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be
Patna High Court CR. MISC. No.47490 of 2021(2) dt.07-02-2022 3/3 released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Muzaffarpur, in connection with Kanti P.S. Case No. 104 of 2021.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T