Md. Safique Mansuri @ Safique Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64120 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- BELA District- Sitamarhi ====================================================== Md. Safique Mansuri @ Safique Mansuri Son Of Late Hasim Mansuri @ Late Hasim Nadaf R/O Vill.- Bhalhi, P.S.- Bathnaha, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bela P.S. Case No. 116 of 2022 registered under sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act and Section 8, 20(b), (ii) (c)/22 of the NDPS Act. Allegation against the co-accused persons, namely, Deep Narayan and Md. Hasim Laheri is that they were apprehended at the place of occurrence with 2 kg Charas like substance. It is further alleged that some country made pistols, live cartridges and mobile phones were also recovered from the possession of co-accused

Patna High Court CR. MISC. No.64120 of 2022(2) dt.20-02-2023 2/3 persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. It is further submitted that ganja like substance along with motorcycle are recovered from another co-accused persons. The petitioner has no concern with the alleged Charas and nothing has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 07.05.2022.

The application for bail is vehemently opposed by learned APP for the State and submitted that from the possession of the petitioner, one mobile, two live cartridges and one country made pistol were recovered.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bela P.S. Case No. 116 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.64120 of 2022(2) dt.20-02-2023 3/3 of the learned Additional District and Sessions Judge-II, Cum-Special Judge, Sitamarhi.

(Sunil Kumar Panwar, J) shubham/- U T