Mohd. Kamaluddin @Md. Kamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64122 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- KARTAHA District- Vaishali ====================================================== Mohd. Kamaluddin @MD. Kamaluddin Son Of Late Md.Noor Mohammad Resident Of Village- Chakhasim, Ps- Muffasil, Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the State :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kartaha P.S. Case No.27 of 2023, lodged on 24.05.2023 under Sections 25(1-A), 25(1-AA), 25(1-B)a/26(i)(ii)(iii),35 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against 8 named accused persons including the petitioner alleging therein that they indulged in running of an illegal arms factory and used to manufacture illegal arms in the said factory.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.64122 of 2023(3) dt.20-12-2023 2/3 petitioner is a poor labour and nothing has been recovered from his conscious possession. The antecedent of the petitioner is clean and he is in custody since 25.05.2023. The other similarly situated co-accused persons have been granted regular bail by a co-ordinate Bench of this Court vide order dated 10.10.2023 passed in Criminal Miscellaneous No. 63395 of 2023.

5. Learned counsel for the State vehemently opposes the prayer for bail and submits that the case diary is required in this case to identify the role of individual accused persons. He further submits that in the seizure list memo, 34 sets of items have been recovered and all the items suggest that admittedly the manufacturing work of illegal arms was going on.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Kartaha P.S. Case No.27 of 2023, pending before the learned CJM, Vaishali at Hajipur, is hereby rejected.

8. However, the trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during the trial if he renews his prayer for bail after framing of charge.

Patna High Court CR. MISC. No.64122 of 2023(3) dt.20-12-2023 3/3

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Ashwini/- U T