Md. Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54192 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Md. Imran S/O Ibrar R/O Village- Gagandiwan, P.S- Laheri, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Rajendra Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Laheri P.S. Case No. 192 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per prosecution case, the accusation against the petitioner is of keeping illegal weapons. It is alleged that on the disclosures made by the petitioner, the police recovered one country-made single-shot rifle and two .315 Bore live cartridge from the house of co-accused Md. Munna.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been
Patna High Court CR. MISC. No.54192 of 2024(2) dt.07-08-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. 25.04.2024. The petitioner has one criminal antecedent in which he is on bail. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laheri P.S. Case No. 192 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T