Patna High CourtCR. MISC./37103/2017bail granted

Tanwir Khan v. The State Of Bihar

2017-08-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37103 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Tanwir Khan son of Abdul Wahab, R/o Mohalla Amber Shekhana, P.S. Bihar District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Indian Penal Code.

The prosecution case is that during patrolling the police saw a four wheeler car standing in a lonely place. The petitioner along with two others are said to have been arrested from the said vehicle. It is alleged that from the possession of the petitioner one loaded country made pistol and two live cartridges were recovered.

Counsel for the petitioner submits that he has falsely been implicated in this case. He denies the entire occurrence. He Further submits the seizure list has not been prepared in

Patna High Court Cr.Misc. No.37103 of 2017 (2) dt.10-08-2017 2/2 accordance with law and that in fact no such recovery has been made from his possession. He further submits that the petitioner has no criminal antecedent prior to the instant case and that he is in custody since 20.03.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in Mufassil P.S. Case No. 35 of 2017.

(Madhuresh Prasad, J) Prakash/- U T