Md. Manzar Alam @ Manjeet v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54250 of 2021 Arising Out of PS. Case No.-357 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Manzar Alam @ Manjeet S/O Late Md. Ali Raja R/O Village/MohallaMirzapur (Bardah), P.S.-Mufassil, District-Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 121, 379, 414, 120(B), 34 of the Indian Penal Code, Sections 25(1-A), 25(1-AA), 25(1-B)a, 26, 35 of the Arms Act and Section 39 of the U.A.P Act. The prosecution case as per the self-statement of Bindeshwari Yadav, Circle Inspector, Munger Mufassil is to the effect that on 01.10.2018, in the office of the S.H.O, Munger Police Station the confessional statement of co-accused Amna Khatoon was taken wherein she had
2/4 stated that her co-villager Manzar Alam along with her brother-in-law (Devar) Lokman and his wife Aisha Begum are involved in the business of illegal arms. Coaccused Amna Khatoon further stated that Manzar Alam has kept arms in the custody of Lokman and on the basis of such statement, the house of Manzar Alam was raided from where parts of arms were recovered. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and only some parts of A.K-47 riffles were recovered from a well situated in the house of the petitioner. The petitioner is languishing in custody since 12.10.2018. Moreover coaccused Amna Khatoon has been granted bail by a coordinate Bench of this Court vide order dated 11.12.2019 passed in Cr. Misc. No. 46495 of 2019. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the
3/4 petitioner and submitted that recovery of parts of A.K47 was made from the well of the house of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Mufassil P.S. Case No. 357 of 2018, subject to the conditions (i) that one of the bailors shall be close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to
4/4 cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of bail bonds of the petitioner.
(Sunil Kumar Panwar, J) Shageer/- U T