Patna High CourtCR. MISC./40987/2020bail granted

Md Osama v. The State Of Bihar

2021-03-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40987 of 2020 Arising Out of PS. Case No.-836 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MD OSAMA S/o Md. Sakil R/o village- Dharmpur, P.S.- Sadar, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Anand Moha Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Muzaffarpur Sadar P.S. Case no. 836 of 2019 registered under sections 25(1-B)a, 26 and 35 of the Act.

As per allegation in the FIR, a pistol and two live cartridges were recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. No incriminating article has been recovered from his possession and he has been falsely implicated in the case because of his antecedents. He is in custody since 6.1.2020 i.e. more than a year.

The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.40987 of 2020(2) dt.02-03-2021 2/2 for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 6.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Muzaffarpur Sadar P.S. Case no. 836 of 2019 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 Chief Judicial Magistrate, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U