Patna High CourtCR. MISC./51011/2023bail granted

Md. Aashif v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51011 of 2023 Arising Out of PS. Case No.-1146 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Aashif Son of Late Sarwar Resident of Village- Near Islamiya Shcool, Near Kabristan Wala Gali, Phulwarisharif, Ps- Phulwarisharif, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif P.S. Case No. 1146 of 2022 dated 18.9.2022 registered for the offence punishable u/s 329, 411, 414 and 120 (B) of the Indian Penal Code & Sections 25(1-B)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, one country made pistol, one live cartridge and one mobile phone were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.51011 of 2023(2) dt.17-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.09.2022

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Phulwarisharif P.S. Case No. 1146 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T