Md. Shamsher @ Md. Samsher v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66066 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- RAJAON District- Banka ====================================================== MD. SHAMSHER @ MD. SAMSHER Son of Late Md. Manzoor R/o vill - Prasotipur, P.S. - Rajaun (Nawada), Distt - Banka ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2023
1. Heard learned counsel for the parties.
2. The petitioner has filed the instant application for grant of regular bail in connection with Rajoun (Nawada O.P.) P.S. Case no. 167 of 2023 registered under sections 25(1-B)(a) and 26 of the Arms Act.
3. As per the prosecution case, one loaded country made pistol and 20 live cartridges were recovered from the house of the petitioner.
4.It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. No incriminating article has been recovered from the possession of the petitioner or from his house. The petitioner has been falsely implicated in this case because of his antecedents and he is in custody since 10.4.2023. Charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.66066 of 2023(2) dt.19-10-2023 2/2
5. The application for bail is opposed by learned A.P.P. for 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 for more than six months since 10.4.2023 and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Rajoun (Nawada O.P.) P.S. Case no. 167 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 Chief Judicial Magistrate, Banka. (Partha Sarthy, J) ajay/- U T