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Patna High CourtCR. MISC./48744/2021bail granted

Md. Noor Alam v. The State Of Bihar

2022-02-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48744 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== MD. NOOR ALAM S/O Md. Rais @ Md. Raish @ Mohammad Raish Resident of Mohalla - Milki Mohalla, Ward no. 25, P.S. - Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Koilwar P.S. Case No. 141 of 2021 registered for the offence punishable under Sections 399 / 402 / 414 / 34 of the Indian Penal Code and under Section 25(1-b)a / 26 / 35 of the Arms Act.

As per the prosecution case on secret information that some miscreants have gathered near Kulharia More, a raid was conducted and this petitioner along with three other accused persons were apprehended. On search, a Hero Passion Pro motorcycle has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.48744 of 2021(2) dt.07-02-2022 2/2 Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No arms or ammunition has been recovered from the possession of the petitioner. Petitioner is in custody since 03-042021, investigation in this case is complete and similarly situated co-accused / Md. Meraz has been granted bail by a Coordinate Bench of this Court in Cr. Misc. No. 50318 of 2021. Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner is in custody since 03 / 04 / 2021 and similarly situated co-accused has been granted bail by a Coordinate Bench of this Court , I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No.141 of 2021. (Anil Kumar Sinha, J) praful/- U T