Patna High CourtCR. MISC./66420/2024bail granted

Md. Azad @ Md. Tamane @ Mohammad Azad @ Tamane v. The State Of Bihar

2024-12-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66420 of 2024 Arising Out of PS. Case No.-261 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Azad @ Md. Tamane @ Mohammad Azad @ Tamane Son of Mohammad Mansur @ Md. Mansur Resident of Village - Sabaha (Sabha), P.S.- Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Sakra P.S. Case No. 261 of 2024, instituted for the offences punishable under Sections 399, 402, 411, 412, 414 of the Indian Penal Code, Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, one loaded country-made pistol has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.66420 of 2024(4) dt.18-12-2024 2/2 the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 14.05.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 14.11.2024 passed in Cr. Misc. No. 61506 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakra P.S. Case No. 261 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T