Md. Bhutto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23674 of 2014 Arising Out of PS.Case No. -397 Year- 2013 Thana -BIHPUR District- BHAGALPUR ====================================================== Dahu Mandal Son of Sri Chulahai Mandal Resident of Village - Bishanpur, Police Station - Bihpur, District - Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.32093 of 2014 Arising Out of PS.Case No. -397 Year- 2013 Thana -BIHPUR District- BHAGALPUR ====================================================== Md. Bhutto son of Md. Fakruddin resident of village - Bardah, P.S. Muffasil, District - Munger .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.23674 of 2014) For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. R.B.S.Pahepuri (App) (In Cr.Misc. No.32093 of 2014) For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. S.M.Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 13-01-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 13.11.2013 in a case registered for the offences punishable under Sections 25(1-A) (1-B) (1-C) (1-AA), 26 and 35 of the

Patna High Court Cr.Misc. No.23674 of 2014 (03) dt.13-01-2015 2/2 Arms Act.

On the secret information that in the house of Gopal Mandal arms are being manufactured, raid was laid when semi finished arms and ammunitions were recovered and the petitioners were apprehended being the employee of Gopal Mandal.

It is submitted by learned counsel for the petitioners that admittedly there is no recovery from the conscious possession of the petitioners and they were hired labourers and considering the same co-accused Md. Kamru has been granted bail vide Cr. Misc. No. 15264 of 2014.

Considering the aforesaid facts, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Naugachia in the district of Bhagalpur in connection with Bihpur P.S. Case No. 397 of 2013.

(Dinesh Kumar Singh, J) DKS/- U T