Md. Khurshid @ Md. Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37549 of 2020 Arising Out of PS. Case No.-352 Year-2018 Thana-MUNGER MUFFASIL District- Munger ====================================================== MD. KHURSHID @ MD. KHURSHID ALAM SON OF MD. SALIM RESIDENT OF VILLAGE-BARDAH MIRZAPUR MUNGER, P.S.- MUFFASIL, DISTRICT-MUNGER.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehyeshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Muffasil P.S. Case no. 352 of 2018 registered under sections 379, 414, 121, 120B and 34 of the Indian Penal Code, sections 25(1-A), 25(1-AA), 25(1B)(a), 26 and 35 of the Arms Act and section 39 of the UAP Act. As per allegation in the FIR, it is stated by the informant that on receiving information with respect to the accused persons dealing in illegal arms, a team was constituted by the Superintendent of Police, Munger and raids were conducted. It is stated that Md. Tanwir Alam disclosed that he obtained AK-47 rifle from a retired Army Armourer and got the

2/3 same from Jabalpur by train. He used to sell the same to naxalites and hardened criminals. It is further stated that his brother Md. Rizwan used to help in concealing the arms. The accused persons used to hide the illegal arms in the well. The informant mentions about the details of the raids conducted, the search carried out and the names of the accused persons with their roles. He also mentions about the sack being recovered from the well containing AK-47 rifles etc.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has not committed any offence. He has been falsely implicated in the case. His name transpired in the course of investigation only as the acquaintance/relative of a co-accused. No incriminating article has been recovered from his possession. Neither he nor his wife were involved in dealing with the AK-47 rifle etc. The learned Additional Sessions Judge has committed an error of record. Co-accused Pawan Mandal and Sada Rifat have been enlarged on bail vide orders contained in Annexure-2 series. The petitioner is in custody since 22.6.2019 and investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the submissions made on behalf of the petitioner and the petitioner being in custody since 22.6.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case no. 352 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger. Spd/- (Partha Sarthy, J) U T