Patna High CourtCR. MISC./59829/2023allowed

Md. Chand v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59829 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Md. Chand Son Of Md. Rashid Resident Of Village- Andhana, Ps- Noorsarai, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402, 412, 414 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act. The prosecution case as per F.I.R is that the informant received information that criminals have assembled to commit some offence. The informant accordingly arrested four persons including the petitioner

Patna High Court CR. MISC. No.59829 of 2023(2) dt.11-09-2023 2/3 and recovered country made pistol, live cartridges and smart phones. There is recovery of one smart phone from the possession of the petitioner.

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 with the seized arms or the accused persons. The mobile is registered in the name of the petitioner. The petitioner is languishing in custody since 09.05.2023.

In contra, learned A.P.P for 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/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bihar Sharif, Nalanda in connection with

Patna High Court CR. MISC. No.59829 of 2023(2) dt.11-09-2023 3/3 Noorsarai P.S. Case No. 208 of 2023.

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