Patna High CourtCR. MISC./55214/2023bail granted

Insan Mubarak @ Md. Insan Mubarak @ Inshan Mubarak v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55214 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- BARARI District- Katihar ====================================================== INSAN MUBARAK @ MD. INSAN MUBARAK @ INSHAN MUBARAK SON OF ABDUL MANNAN RESIDENT OF VILLAGE- BANKA, PSBARARI, DISTT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barari (Semapur) P.S. Case No. 141 of 2023 dated 3.5.2023 registered for the offences punishable u/s 399, 402, 414 of the Indian Penal Code and 25(1b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, police apprehended the petitioner and other co-accused persons and recovered a country made pistol, live cartridges and four mobiles from their possessions.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.55214 of 2023(2) dt.31-08-2023 2/2 this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 3.5.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that live cartridges was recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Barari (Semapur) P.S. Case No. 141 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T