Md. Raeesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45511 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Md. Raeesh Son Of Md. Faim @ Mohammad Faim Sai @ Md. Fahim Resident Of Village- Chainpura, Ps- Bihar, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, the petitioner along with other accused person were apprehended by the police and from their possession one stolen Toto vehicle, one country made pistol and one live cartridge were recovered. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with alleged vehicle and arms which were seized by the police. Both the seizure list witnesses are police

Patna High Court CR. MISC. No.45511 of 2023(2) dt.28-07-2023 2/2 personnel which is complete violation of Section 100 of Cr.P.C. It is further submitted that the petitioner is languishing in judicial custody since 12.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Giriyak/Pawapuri P.S. Case No. 21 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif. (Sunil Kumar Panwar, J) lata/- U T