Minhaj Ali @ Chhotu Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59333 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Minhaj Ali @ Chhotu Khan Son Of Late Abdul Rahman Khan Resident Of Village- Phulkaul, Ps -RAMNAGAR, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 25(1-B) a, 26, 35 of the Arms Act.
There is recovery of one country made pistol and 5 live cartridges from the verandah 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 recovery has been made from the joint family house. The petitioner has no concern with the seized arms. The
Patna High Court CR. MISC. No.59333 of 2023(4) dt.18-12-2023 2/2 petitioner is languishing in custody since 19.06.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.
In contra, learned A.P.P appearing on behalf of 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 after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 285 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T