Patna High CourtCR. MISC./35365/2019allowed

Munna Miyan v. The State Of Bihar

2019-05-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35365 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== MUNNA MIYAN Son of Md. Kasim Resident of Village - Ugawan, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Asthawan P.S. Case No. 38 of 2019 registered for the offence punishable under Section 25 (1-b)a/26/35 of the Arms Act. Learned counsel for the petitioner submits that on confidential information police party raided the house of the petitioner and on search two rifles without cartridge beneath the bed was seized and petitioner was apprehended by the police in presence of one Sipahi Paswan. Learned counsel for the petitioner submits that Sipahi Paswan has been made witness in the instant case with whom petitioner has land dispute and Sipahi Paswan has registered a case against this petitioner being Asthawan P.S. Case No. 192 of 2018. Learned counsel for the

Patna High Court CR. MISC. No.35365 of 2019(2) dt.29-05-2019 2/2 petitioner submits that petitioner is in custody in this case since 17.02.2019.

Considering the fact that petitioner is in custody since 17.02.2019 and Sipahi Paswan was made witness in the instant case with whom, petitioner has land dispute, this Court is inclined to release the petitioner on bail. Let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate VI, Biharsharif in connection with Asthawan P.S. Case No. 38 of 2019.

(Anil Kumar Upadhyay, J) T.Kr./- U T