Md. Sakib @ Md. Sakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57391 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Md. Sakib @ Md. Sakim Son Of Late Azid @ Late Azij Resident Of Village - Bakharpur, P.S. - Mufassil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-AA), 25(1-B)(a), 26, 35 of the Arms Act. As per prosecution case, when the police surrounded the house of co-accused Md. Mahboob Alam, and raided the house, three persons including the petitioner were arrested. Upon the search of the house of co-accused Md. Mahboob Alam, large number of constructed and semi-constructed firearms as well as

Patna High Court CR. MISC. No.57391 of 2023(3) dt.31-10-2023 2/3 instruments of manufacturing the same were recovered. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused persons or the seized illicit firearms. The petitioner is languishing in custody since 25.02.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Moreover, co-accused Md. Mahboob Alam has already been granted bail vide order dated 08.09.2023 passed in Cr. Misc. No. 59957 of 2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.57391 of 2023(3) dt.31-10-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Saharsa in connection with Simri Bakhtiyarpur P.S. Case No. 83 of 2023 (Sessions Trial No. 253/2023).

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