Md. Miraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45301 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== MD. MIRAJ SON OF MD. SIRAJ RESIDENT OF VILLAGEHAJRATGANJBARA, PS- KASHIMBAZAR, DISTT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-B)a, 25(1-AA), 25(1-A), 26(1), 26(2)/35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that one Rajesh Kumar, who was the owner of he welding shop and he was involved in illegal trading of arms. On that basis, police raided that place and recovered illegal arms and some machines which is used in making arms. Thereafter, police arrested the owner of the shop and this petitioner also arrested by the police on the basis of suspicion.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.45301 of 2023(3) dt.28-08-2023 2/2 committed no offence. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that petitioner has no concern either with the seized articles or with this alleged offence. The other accused persons have already been granted bail by this Bench vide order dated 04.08.2023 passed in Cr. Misc. No. 46382 of 2023 and its analogous case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Hasanpur P.S. Case No. 39 of 2023.

(Sunil Kumar Panwar, J) arish/- U