Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51563 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== AFSAR ALAM, aged about 28 years, Male, Son of Inus Mian @ Yunus Siddiki, Resident of Village - Bahuarawa, P.S.- Sathi, Distt - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party :

Mr.Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.03.2019 in a case for the offence registered under Sections 399, 402, 414 of the IPC and 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on secret information, the police team caught five persons including the petitioner who were coming one two Motorcycles. On search, from possession of the petitioner, one loaded country made pistol alongwith one live cartridge was recovered. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.51563 of 2019(2) dt.19-08-2019 2/2 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 loaded 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.

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 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. Bettiah, West Champaran, in connection with Bettiah Muffasil (Mannuapul) P.S. Case No. 120 of 2019.

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