Md. Imtiyaz @ Md. Imtayaj @ Rinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67906 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Md. Imtiyaz @ Md. Imtayaj @ Rinku, aged about 23 years, Male, Son of Md. Shakir @ Md. Sakir, Resident of Village - Satanpur, P.S. - Ujiarpur, District - Samastipur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Khushi Awadh, Advocate For the Opposite Party :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Ujiarpur P.S. Case No. 13 of 2024 dated 19.01.2024 registered for the offences punishable under Sections 25(1-A), 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, 9MM automatic regular pistol and three live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that no incriminating article has been recovered from his possession. He has no concern with

Patna High Court CR. MISC. No.67906 of 2024(4) dt.17-12-2024 2/2 the alleged offence. There is no compliance of Section 100(4) of the Cr.P.C. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 20.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dalsinghsarai, Samastipur in connection with Ujiarpur P.S. Case No. 13 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T