Md. Aftab @ Md. Mumtaz @ Mumtaz @ Mumtas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63210 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- BARAHAT District- Banka ====================================================== Md. Aftab @ Md. Mumtaz @ Mumtaz @ Mumtas S/O Late Katti R/O Village- Arkatta, P.S- Barahat, Distt.- Banka. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b), 25(1-AA), 25(a-A), 26(1)(2) and 35 of the Arms Act.
3. Prosecution case relates to recovery of one country made pistol and some semi prepared arms were recovered from possession of co-accused Md. Parvej. At his instance, house of the petitioner was searched and semi prepared arms and tools were recovered from his house.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has
Patna High Court CR. MISC. No.63210 of 2023(2) dt.09-10-2023 2/2 got no criminal antecedent and languishing in judicial custody since 5.7.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Barahat P.S. Case No. 139 of 2023. (Sunil Kumar Panwar, J) sushma/- U