Md.Murshid @ Md. Murshid Alam@Surma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69041 of 2023 Arising Out of PS. Case No.-352 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD.MURSHID @ MD. MURSHID ALAM@SURMA SON OF MD. KALIM RESIDENT OF VILLAGE- BAKARPUR DARIAPUR, PS- MUFFASIL, DIST- MUNGER ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 121, 379, 414, 120B and 34 of the Indian Penal Code, Section 25(1-A), 25 (1-AA), 25(1-B)A, 26 and 35 of the Arms Act and Section 39 of U.A.P. Act.
3. As per prosecution case, one Md. Tanveer Alam @ Sonu was arrested from Hazaribagh who gave statement regarding concealment of some parts of A.K.-47 rifle and on such information the police party raided near the Sheetalpur Bahiyar and recovered 12 A.K.-47 rifles and parts of rifle from the well of Shrikant Singh. Arrested person disclosed the name
Patna High Court CR. MISC. No.69041 of 2023(2) dt.01-11-2023 2/3 of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused Md. Shamsher Alam which is evident from para-8 of the petition. He has no concern with the alleged recovery of AK47 rifles. No incriminating article has recovered from the conscious possession of the petitioner. It is further submitted the several co-accused persons have already been granted bail by different co-ordinate benches of this court vide Annexure-2 series. Moreover, he is languishing in judicial custody since 2411.2022.
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 as well as custody period of the petitioner, 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 C.J.M., Munger in connection
Patna High Court CR. MISC. No.69041 of 2023(2) dt.01-11-2023 3/3 with Munger Muffasil P.S. Case No. 352 of 2018. (Sunil Kumar Panwar, J) Amandeep/- U T