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Patna High CourtCR. MISC./40123/2022allowed

Md. Hamad Taj @ Md. Chiku @ Md. Hamad Taj Karim v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40123 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Md. Hamad Taj @ Md. Chiku @ Md. Hamad Taj Karim S/O Md. Taj Karim @ Md. Taj R/O Mohalla- Barahpura West, Kudratullah Lane, P.S.- Ishakchak, District- Bhagalpur 2.

Md. Fahad Taj @ Bittu @ Md. Fahad Taj Karim S/O Md. Taj Karim @ Md. Taj R/O Mohalla- Barahpura West, Kudratullah Lane, P.S.- Ishakchak, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Senior Advocate :

Mr. Preety Kunwar, Advocate :

Mr. Kumar Rajdeep, Advocate :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

The petitioner is in custody in a case registered for the offence punishable under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

Allegedly, it is a case of recovery of one rifle and fifty two cartridges from the possession of petitioner no.1 and one loaded pistol from beneath the pillow of petitioner no.2 along with one air gun and one mobile.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.40123 of 2022(3) dt.10-01-2023 2/2 petitioners have falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioners and petitioners are in custody since 23.02.2022. Learned APP appearing for the State has opposed the prayer for regular bail and submitted that some arms were recovered from the possession of the petitioners. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Bhagalpur in connection with Ishakchak P.S. Case No. 40 of 2022, G.R. NO.720 of 2022.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T