Md. Guddu @ Guddu Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50047 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== MD. GUDDU @ GUDDU MIAN, aged about 23 years, Male, Son of Md. Jamil @ Md. Jalil Miya, Resident of Muhalla - Ranja (Kasai Tola), P.S.- Ara Town, Distt - Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajani Ranjan Pd. Singh, Advocate.

For the Opposite Party :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 27.02.2019 in a case for the offence registered under Sections 216 of the IPC and 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that on 26.02.2019, the informant got information that accused of Ara Town P.S. Case No. 109 of 2019, namely, Guddu was hidden in the house of one Maksud in Kasai Tola Mohalla and on that information, he prepared a raiding party and went to the place of occurrence from there two persons tried to flee away but the police caught them and on enquiry, both disclosed their name as petitioner and Maksud then the police checked their body and from possession of the petitioner, one country made pistol with one cartridge was

Patna High Court CR. MISC. No.50047 of 2019(2) dt.09-08-2019 2/2 recovered and nothing was recovered from possession of Maksud.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. One country made pistol alongwith one live cartridge is said to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C. It is further submitted that the petitioner may be released on bail after completion of six months in custody. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhojpur at Ara, in connection with Ara Nagar P.S. Case No. 110 of 2019.

(Sudhir Singh, J) U.K./- U T