Md Kudus @ Md Kuddus v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53764 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- DANDARI District- Begusarai ====================================================== MD KUDUS @ MD KUDDUS SON OF MD. VALI @ MD. VAILLI RESIDENT OF VILLAGE- DANDARI, WARD NUMBER 09, POLICE STATION - DANDARI, DISTRICT - BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dandari P.S. Case No. 07 of 2021 for the offence punishable under Sections 401, 411, 413, 414, 34 of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act. The allegation is regarding the police having received secret information to the effect that some miscreants were hatching a conspiracy to commit a crime whereafter the police had gone to the place of occurrence and apprehended the accused persons including the petitioner herein. As far as the petitioner is concerned, only one mobile phone is stated to have been recovered from him although from the conscious
Patna High Court CR. MISC. No.53764 of 2021(2) dt.12-01-2022 2/3 possession of the co-accused Sonu Tanti, a country made pistol and two live cartridges are stated to have been recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 15.01.2021. The learned counsel for the petitioner has referred to the seizure list in question to show that no illicit arms/live cartridges have been recovered from the conscious possession of the petitioner. It is further submitted that similarly situated co-accused persons have already been granted bail by this Court.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that no illicit arms/live cartridges have been recovered from the conscious possession of the petitioner, the petitioner is having a clean antecedent and he is languishing in custody since a long time, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.53764 of 2021(2) dt.12-01-2022 3/3 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 Judicial Magistrate, 1st Class, Begusarai in connection with Dandari P.S. Case No. 07 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T