Md. Salim @ Vikky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46382 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Md. Mumtaz Alam @ Munna Son Of Md. Kalimuddin @ Kalim Resident Of Village- Gogari Jamalpur, Ps- Gogari Jamalpur, Dist- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 48098 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Md. Salim @ Vikky Son Of Md. Firoz Resident Of Village- Hajratganjbara, Ps- Kashimbazar, Distt- Munger ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 46382 of 2023) For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Opposite Party/s :

Mr.Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 48098 of 2023) For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Hasanpur P.S. Case No. 39 of 2023 registered under sections 25(1-b)a, 25(1-A), 25(1-AA), 26(1), 26(2) and 35 of the Arms Act.

Patna High Court CR. MISC. No.46382 of 2023(2) dt.04-08-2023 2/3 Prosecution case in short, is that, police got information that one Rajesh Kumar who was the owner of the 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 these petitioners also arrested by the police on the basis of suspicion. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case merely on suspicion. Nothing incriminating articles have been recovered from their conscious possession. It is further submitted that they have no concern either with the seized articles or with this alleged offence. A statement has been made in para-3 of these petitions that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 21.02.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed

Patna High Court CR. MISC. No.46382 of 2023(2) dt.04-08-2023 3/3 to be enlarged on bail in connection with Hasanpur P.S. Case No. 39 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Rosera.

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