Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61609 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== MD. SADDAM Son of Munna Resident of Village - Phulwaria, 02, Pokhar Mor Muhalla, P.s.- Phulwaria, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard.

The petitioner seeks regular bail in connection with Phulwaria P.S. Case No. 62 of 2021, G.R. No. 1162 of 2021, registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

The allegation is regarding the police force having arrested the petitioner and co-accused person namely Govind Kumar and upon search, one loaded country made pistol and one live cartridge were recovered from the possession of the co-accused person namely Govind Kumar.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 12.04.2021. The learned counsel for the petitioner has further submitted that though the petitioner has been made accused in three other cases,

Patna High Court CR. MISC. No.61609 of 2021(2) dt.31-03-2022 2/2 but he is already on bail in the said three cases. It is also submitted that as far as the petitioner is concerned, no illicit arm/ ammunition has been recovered.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no illicit arms/ ammunition have been recovered from the petitioner and he is languishing in custody in the present case since about one year, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional Chief Judicial Magistrate-I, Begusarai, in connection with Phulwaria P.S. Case No. 62 of 2021, G.R. No. 1166 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U