Mohammad Khalid @ Mohamad Khalid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38795 of 2020 Arising Out of PS. Case No.-166 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== Mohammad Khalid @ Mohamad Khalid, son of Kayamuddin @ Kayamuddin Ansari, resident of Village - Bagaura, Police Station - Daraunda, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Hussainganj P.S. Case No. 166 of 2020 registered for the offences under Sections 313, 314 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.
The prosecution case in brief is that on secret information that miscreants are planning to sell a stolen motorcycle, search was made and petitioner and one Shashi Prakash Shahi were found riding on a motorcycle. On enquiry, the aforesaid motorcycle was found to be stolen one. During search, from the possession of co-
Patna High Court CR. MISC. No.38795 of 2020(2) dt.09-02-2021 2/2 accused Shashi Prakash Shahi, one country made pistol and one live cartridge were recovered.
Learned counsel appearing on behalf of the petitioner would submits that petitioner has no criminal antecedent. The arms were not recovered from the possession of the petitioner.
The petitioner is in custody since 24.06.2020. Considering the fact that petitioner is not having any criminal antecedent and the period of custody, this Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIII, Siwan in connection with Hussainganj P.S. Case No. 166 of 2020.
(Anil Kumar Upadhyay, J) Shageer/- U T