Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1472 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== MD. SADDAM SON OF MD. KALAM R/O VILLAGE- BARIYARPUR BATAR BIRJI, WARD NO. 11, P.S.- MOTIPUR, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Motipur PS Case No. 153 of 2021 registered for the offence under Sections 25 (1-b)a / 26 / 35 of the Arms Act. A semi automatic pistol and one live cartridge has allegedly been recovered from the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated by the police due to oblique motive and he has not committed any offence in the manner alleged. Learned counsel further submits that no incriminating article and / or fire arm has been recovered from the possession of the petitioner, rather the same has been recovered from the possession of the co-accused Ghulam Sarwar. He further submits that the co-accused / Ghulam Sarvar has been granted bail by a Co-ordinate Bench of this Court vide

Patna High Court CR. MISC. No.1472 of 2022(2) dt.25-05-2022 2/2 Cr. Misc. No. 54879 / 2021. Learned counsel also submits that petitioner has no criminal antecedent, he is in custody since 21.05.2021 , charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 21.05.2021, similarly situated accused has been granted bail by this Court, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IInd (West), Muzaffarpur in connection with Motipur PS Case No. 1153 of 2021.

praful/- (Anil Kumar Sinha, J) U T