Patna High CourtCR. MISC./42982/2022allowed

Md. Tufail @ Azaz v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42982 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== MD. TUFAIL @ AZAZ S/o Md. Jafar R/o village - Bhakua, P.s. Khajauli, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 380, 511, 34 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

Prosecution case relates to recovery of one loaded country made pistol with live cartridge.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that petitioner was coming to Khajauli Railway station in morning then he was apprehended by some villagers merely on suspicion and when he protested, he has falsely been implicated in the present case. Petitioner has no concern either

Patna High Court CR. MISC. No.42982 of 2022(3) dt.10-01-2023 2/2 with the country made pistol and nothing has been recovered from his conscious possession. It is further submitted that the petitioner has got five criminal antecedents on which he is on bail. The petitioner is languishing in judicial custody since 29.9.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajauli P.S. Case No. 163 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani.

(Sunil Kumar Panwar, J) amandeep/- U T