Md. Ekbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58746 of 2023 Arising Out of PS. Case No.-502 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Md. Ekbal S/O Md. Parwez R/O Hospital Road, Ward No. 14, P.S- Bettiah Town, Distt.- West Champaran.

2.

Mohit Kumar S/O Kanhaiya Prasad R/O Hospital Road, Ward No. 14, P.SBettiah Town, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 & 35 of the Arms Act. As per prosecution case, the petitioners were apprehended on the spot with motorbike bearing Reg. No. BR22AN/9760 and on search of them, one country made loaded pistol and two live cartridges were recovered. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. They have falsely been implicated in the present case. They

Patna High Court CR. MISC. No.58746 of 2023(2) dt.01-09-2023 2/2 have no concern with alleged arms which were seized by the police. As regards the motorbike, the same belongs to the cousin of petitioner no.1. It is further submitted that the petitioners are languishing in judicial custody since 27.06.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bettiah Town P.S. Case No.502 of 2023 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, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) lata/- U T