Md Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37807 of 2020 Arising Out of PS. Case No.-887 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Md Aslam, (Male), aged about 24 years, Son of Md Lal alias Md Lal Babu, Resident of Village-Purani Gudari, Bahalkhana Road, P. S. Town District Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Chandra Shekhar Anand, Advocate.

For the Opposite Party :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 25(1-b)a and 26 of the Arms Act. The prosecution story, in brief, is that one country made pistol alongwith one live cartridge is said to have been recovered from possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 19.10.2019. The petitioner has got no criminal antecedent. Charge sheet has been

Patna High Court CR. MISC. No.37807 of 2020(2) dt.05-02-2021 2/2 submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One country made pistol alongwith one live cartridge is said to have been recovered from possession of the petitioner. The petitioner has remained in custody for more than one year. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 887/2020.

(Sudhir Singh, J) U.K./- U T