Md. Siddique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51840 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- BAISI District- Purnia ====================================================== Md. Siddique Son of Late Md. Taiyab Resident of Village - Bijara, P.S.- Balia Belon, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Baisi P.S. Case No. 18 of 2021, registered for the offence under Section 399, 400, 402 of the Indian Penal Code, Sections 25(1-b)a, 26 of the Arms Act and Sections 3, 4, 5, 6 of the Explosive Substance Act. As per F.I.R., this petitioner alongwith two co-accused namely Md. Arshad and Guddu Alam were apprehended on a motorcycle and on search, from the bag of Md. Arshad, 15 live cartridge and about two kg. of explosive powder were recovered.

It is submitted on behalf of petitioner that no arms or ammunition have been recovered from the conscious possession of the petitioner and he was simply a pillion rider. As per seizure list itself, from the possession of petitioner one mobile phone has been recovered. Similarly situated co-accused Guddu Alam

Patna High Court CR. MISC. No.51840 of 2021(2) dt.27-01-2022 2/2 has already been granted bail by this Court, vide order dated 14.12.2021 passed in Cr.Misc. No. 39500 of 2021. Petitioner is in custody since 14.01.2021. Investigation is complete. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. 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 learned C.J.M., Purnea / concerned court in connection with Baisi P.S. Case No. 18 of 2021. (Prabhat Kumar Singh, J) anay/- U T