Md. Rizwan @ Rizzu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34787 of 2016 Arising Out of PS.Case No. -456 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Md. Rizwan @ Rizzu Son of Md. Munna resident of Village Bania Pokhar P.S Civil Line, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 2412-2015 in a case registered on the accusation under various sections of the Arms Act and 3⁄4 of Explosive Substances Act. According to prosecution case itself, the petitioner was caught by the informant as well as his supporters and, therefore, the aforesaid fact goes to show that the recovery of firearm was made by the private person. Furthermore, the recovery of explosive substance has not been made from conscious possession of the petitioner. Moreover, there appears to be previous enmity between the parties.

Considering the above-said facts and circumstances

Patna High Court Cr.Misc. No.34787 of 2016 (5) dt.20-10-2016 2/2 of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Civil Line P.S. Case No. 456 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Gaya. (Hemant Kumar Srivastava, J) A.K.V./- U T