Md. Murshid @ Mursid @ Murshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37530 of 2019 Arising Out of PS. Case No.-528 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. MURSHID @ MURSID @ MURSHID ALAM S/o Nezam @ Nizam R/o village- Mahchanda Mahichanda P.S.- Simraha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has made this application for grant of bail in connection with Forbesganj (Simraha) P.S.Case No.528 of 2018 registered for the offences under Sections 25 (1-B)a and 26 of the Arms Act.

The allegation as per the F.I.R. is that on raid being conducted by the informant, petitioner who is accused in one another case, was caught in his house and on search four live cartridges and a mobile were recovered from his possession. It is submitted by learned counsel for the petitioner that the allegations of recovery of live cartridges are false. There has been no recovery from the petitioner. The police arrested the petitioner from his house and planted four

Patna High Court CR. MISC. No.37530 of 2019(2) dt.04-07-2019 2/2 cartridges and ultimately lodged the instant case. It is further submitted that the petitioner is in custody for more than eleven months.

The application for bail has been opposed by the learned A.P.P. for the State stating that the petitioner was trying to flee. Incriminating articles were recovered from his possession and he is accused in several cases. Having heard the learned counsel for the petitioner and the learned A.P.P. for the State and taking into consideration that the petitioner is in custody since 14.07.2018 the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri S.K.Sharma, Judicial Magistrate 1st Class, Araria in Farbesganj (Simraha) P.S.Case No.528/2018. (Partha Sarthy, J) aks/- U