Md. Mano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51582 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -EAST COLONY District- MUNGER ====================================================== Md. Mano Son of Late Sarafat Resident of Mohalla - Hajratganj Bara Gali No. 9, P.S. Kasimbazar, District - Munger .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in judicial custody since 28.08.2016 in connection with East Colony P.S.Case No.20 of 2016 for offence alleged under Sections 25(1-A(1-AA)(1-AC) and 26(i)(ii) of the Arms Act.

The prosecution case is that the police raiding party arrived near the railway bridge and apprehended one Md. Aslam who was carrying a jute bag and on search 16 semi manufactured country made pistols and 16 barrels have been recovered. The apprehended person named the petitioner to whom he was going to supply the said weapons. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.51582 of 2016 (2) dt.06-12-2016 2/3 petitioner that he is innocent and has been falsely implicated on the confessional statement of a co-accused which has no evidentiary value in the eye of law. It has further been submitted that chargesheet has already been submitted. He further submits that in another case of similar nature he has since been granted the privilege of anticipatory bail by this Court. However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. From perusal of materials on record, it appears that chargesheet has already been submitted and the petitioner's release from custody would not adversely affect his trial.

Thus, in the interest of justice and considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sone Lal Rajak, learned Judicial Magistrate, Ist Class, Munger in connection with East Colony P.S.Case No.20 of 2016/G.R.No.574 of 2016.

It is further made clear that this direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or

Patna High Court Cr.Misc. No.51582 of 2016 (2) dt.06-12-2016 3/3 tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application stands allowed.

(Nilu Agrawal, J) B.Kr./- U T