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Patna High CourtCR. MISC./64273/2023bail granted

Md. Mustafa v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64273 of 2023 Arising Out of PS. Case No.-331 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Md. Mustafa S/O Md. Kalim R/O Village- Ramjani Ward No. 5, Ps. Janki Nagar, Dist. Purnea ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Hussain, Adv For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Banmankhi P.S. Case no. 331 of 2023 registered under sections 25(1-b)a/ 26/ 35 of the Arms Act.

3. As per the prosecution case, one country made loaded pistol and mobile phone was recovered from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The petitioner is in custody since 12.07.2023 and has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for

Patna High Court CR. MISC. No.64273 of 2023(2) dt.11-10-2023 2/2 the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having remained in custody since 12.07.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Banmankhi P.S. Case no. 331 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea. (Partha Sarthy, J) uttam/- U T