Md Mustakim @ Mangal Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67184 of 2021 Arising Out of PS. Case No.-353 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD MUSTAKIM @ MANGAL KHAN SON OF LATE MD. JAINUL RESIDENT OF VILLAGE- MIRZAPUR, BARDAH, P.S.- MUFFASIL, DIST.- MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 121, 379, 414, 120B, 34 of the Indian Penal Code, Sections 25(1-A), 25(1-AA), 25(1-b)a, 26, 35 of the Arms Act and Section 39 of the U.A.P. Act.

Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation in the confessional statement of co-accused Monji @ Mehar. No arms or ammunition has been recovered from the possession of this petitioner. Only material against the petitioner is that he was also involved in smuggling of arms & ammunition and also supplied the same to the naxalites. Other co-accused namely Sada Rifat and Ayasha Begum have already been granted bail by this Court, vide order dated 26.08.2019 in Cr.Misc. No. 39741

Patna High Court CR. MISC. No.67184 of 2021(3) dt.18-04-2022 2/2 of 2019 and order dated 21.10.2021 in Cr.Misc. No. 33346 of 2021 respectively. Petitioner has been remanded in this case and he is in custody since 11.12.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - V, Munger in connection with Muffasil P.S. Case No. 353 of 2018, G.R. No. 2964 of 2018.

(Prabhat Kumar Singh, J) anay/- U T