Md. Nawab Sharif @ Md. Nawab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45720 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Lakho District- Begusarai ====================================================== Md. Nawab Sharif @ Md. Nawab S/O Shahabuddin @ Md. Shahabuddin R/O Vill.- Bathna Buzurg, P.s.- Musrigharari, Dist.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the State :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP representing the State.
2. The petitioner is in custody in connection with Lakho P.S. Case No. 92 of 2025 for the offence punishable under sections 310(4) and 310(5) of the BNS and section 25(1B)a, 26 and 35 of the Arms Act, lodged on 14.05.2025 by the informant, Rajeev Ranjan.
3. As per the prosecution story, the informant alleged that upon information about movement of accused persons, the team surrounded a place on sight of Omni Van and motorcycle. Though the person riding the motorcycle managed to escape, four persons were taken into custody which include this petitioner. Upon search, country made pistol and four cartridges recovered from Sonu Kumar Singh while four cartridges
Patna High Court CR. MISC. No.45720 of 2025(2) dt.30-07-2025 2/3 recovered from this petitioner. Ten live cartridges from Ratnes Kumar's possession while one country made pistol, one live cartridge and one mobile phone recovered from Raju Kumar's possession. F.I.R./Seizure list prepared which followed the arrest.
4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent, was a passerby, upon suspicion, implicated with allegation of recovery/seizure of four live cartridges. He is in custody since 15.05.2025.
5. Learned APP Mr. Bharat Bhushan, opposes the prayer for bail submitting that the Police recovered various articles from the four accused persons including four cartridges from this petitioner.
6. Considering the submissions of the parties as also the fact that only cartridges have been recovered form this petitioner, has no criminal antecedent, is in custody since 15.05.2025, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Lakho P.S.
Patna High Court CR. MISC. No.45720 of 2025(2) dt.30-07-2025 3/3 Case No. 92 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T