Nehal @ Zulfi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9847 of 2018 Arising Out of PS. Case No.-466 Year-2016 Thana- FORBESGANJ District- Araria ====================================================== Nehal @ Zulfi S/o Noor Mohammad, R/o Village- Kali Mela Road, Ward No. 1, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. SRI VINOD SHANKAR MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 466 of 2016 registered under Sections 25(1-b)a/26 of the Arms Act. USA made Automatic loaded pistol along with two live cartridges is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. No incriminating article has been recovered from his physical conscious possession. The petitioner has been languishing in custody since 03.09.2016. Though, four charge-

Patna High Court Cr.Misc. No.9847 of 2018(3) dt.16-03-2018 2/2 sheeted witnesses have been examined but the trial has not yet been concluded and the case is pending for prosecution evidence.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Araria, in connection with Forbesganj P.S. Case No. 466 of 2016. (Prakash Chandra Jaiswal, J) ajay gupta/- U T