Patna High CourtCR. MISC./65455/2023allowed

Md. Samshad Alam @ Sonu @ Samshad Alam v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65455 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== MD. SAMSHAD ALAM @ SONU @ SAMSHAD ALAM Son of Late Quamuddin Ansari R/o vill - Prasidh Nagar, P.S. and Distt. - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. According to the FIR, the petitioner along with others are said to have been apprehended while trying to prepare for commission of offence. Upon search, one loaded country made pistol, live cartridges and a motorcycle was recovered from possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.65455 of 2023(3) dt.08-11-2023 2/2 concerned with the alleged arms seized by the police. So far as seized motorcycle is concerned, the same belongs to the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Vaishali P.S. Case No. 303 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-I, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T