Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8296 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== MD. FIROZ SON OF MD. ASLAM ANSARI R/O MOHALLA- IQBAL NAGAR, POLICE STATION- KOTWALI, DIST.- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-05-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kotwali P.S. Case No. 320 of 2020 registered under sections 399 and 402 of Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act. As per allegation in the F.I.R., on an information gathered by the police personnel from one of the injured accused with respect to his friends, a raid was conducted and three persons including the petitioner were caught. It is stated that 8 live cartridges were recovered from possession of the petitioner and on his disclosure a country made pistol was also recovered. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. The manner of disclosure by the injured and the accused persons

Patna High Court CR. MISC. No.8296 of 2021(2) dt.27-05-2021 2/2 continuing at the place of occurrence even after three hours, is unbelievable. The petitioner has no criminal antecedent and is in custody since 10.9.2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner not having any criminal antecedent and the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kotwali P.S. Case No. 320 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya.

(Partha Sarthy, J) Spd/- U T