Mohammad Sahebjan @ Sittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64183 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Mohammad Sahebjan @ Sittu S/o Mohammad Alamgir R/o mohalla _ Najnin Chawk Ward no. _ 19 P.S._ Bettiah ( Town ) Dist._ West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Kirti For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act, registered in connection with Muffasil P.S. Case No. 302 of 2024.

3. As per prosecution case, the allegation is of recovery of one loaded country-made pistol and one motorcycle from the possession of petitioner.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. He further submitted that petitioner is a

Patna High Court CR. MISC. No.64183 of 2024(2) dt.18-09-2024 2/2 person of clean antecedent and he is in custody since 02.06.2024. Petitioner has no concern either with the alleged recovery of arms or with the motorcycle in question. On the basis of suspicion, petitioner has been falsely implicated in this case. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 27.08.2024 passed in Cr. Misc. No. 58433 of 2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as also the fact that other co-accused has already been granted bail as well as clean antecedent of the petitioner, let the petitioner, above-named, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Mufassil P.S. Case No. 302 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T