Patna High CourtCR. MISC./50911/2024bail granted

Md. Babu @ Magaj @ Md. Saddam v. The State Of Bihar

2024-09-23Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50911 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Md. Babu @ Magaj @ Md. Saddam Son Of Md. Gorakh Quraishi Mohalla -Nadraganj Badki Daha Ps- Civil Line Dist -Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 307/34 of the Indian Penal Code and Sections 26, 27, 35, 25(1b)(a) of the Arms Act, registered in connection with Vishnupad P.S. Case No. 146 of 2024.

3. As per prosecution case, the informant got secret

Patna High Court CR. MISC. No.50911 of 2024(3) dt.23-09-2024 2/3 information that some miscreants are assembled with arms for committing occurrence, upon such information, the informant along with other police personnel went at that place and after seeing the police team the miscreants started firing upon the police party due to which a person sustained injury. Accordingly, the FIR.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner is not named in the FIR and he has no concern with the alleged occurrence. The name of the petitioner has come into light on the basis of disclosure made by local villagers. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is a person of clean antecedent and he is in custody since 18.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner having clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Gaya in connection with Vishnupad P.S. Case No. 146 of 2024, subject

Patna High Court CR. MISC. No.50911 of 2024(3) dt.23-09-2024 3/3 to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T