Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37180 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Md. Sabir S/o late Salauddin Resident of Village- Qutubpur, P.S. Muffasil, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shally Kumari, Advocate For the Opposite Party/s : Mr. Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act. The case of the prosecution is that the petitioner has given information which led to recovery of arms from two other persons from different place.

Counsel for the petitioner submits that the petitioner is said to have been apprehended during patrolling and some 'Panmasala' and 'Jarda' were recovered from his possession. The recovery of 'Panmasala' and 'Jarda' cannot be said to be an offence. He further submits that prior to the instant case the petitioner has no criminal antecedent. He also submits that he has falsely been implicated in this case and he is in custody since

Patna High Court Cr.Misc. No.37180 of 2017 (2) dt.10-08-2017 2/2 18.05.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Vth, in S.Kamal P.S. Case No. 128 of 2017.

(Madhuresh Prasad, J) Prakash/- U T