Patna High CourtCR. MISC./60205/2021bail granted

Md. Mustakim @ Mangal Khan v. The State Of Bihar

2022-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60205 of 2021 Arising Out of PS. Case No.-352 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. MUSTAKIM @ MANGAL KHAN Son of Late Md. Jainul Resident of Village- Miezapuer, P.S.- Muffasil, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and the State. The petitioner is languishing in custody for the offences punishable under Sections 121/379/414/120B/34 of the Indian Penal Code, Sections 25(1-A)/25(1-AA)/25(1-b)a/26/35 of the Arms Act and Section 39 of the UAP Act. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner has been made accused in this case during the course of investigation on the basis of confessional statement of co-accused Manjar Alam, who has already been granted bail by this court vide order dated 24.03.2022 passed in Cr. Misc. No. 36277/2021. No arms and ammunition has been recovered from the possession of this petitioner. The only material that has come against this petitioner is that he was involved in illegal trade of

Patna High Court CR. MISC. No.60205 of 2021(3) dt.24-03-2022 2/2 arms and ammunition supplied the same to Naxalites and other dreaded criminals. Similarly situated accused Pawan Mandal, Sada Rifat and Md. Khursid have already been granted bail by a co-ordinate Bench of this court vide order passed in Cr. Misc. Nos. 37840/ 2019, 36506/ 2019 and in Cr. Misc. No. 37549/2019 respectively. Petitioner is in custody since 09.06.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Chief Judicial Magistrate, Munger in connection with Muffasil PS case No. 352/2018.

(Prabhat Kumar Singh, J) BKS/- U T