Bablu Mian @ Murtaza Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.43935 of 2015 (3) dt.02-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43935 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -JANKINAGAR District- PURNIA ====================================================== Babu Mian alias Murtaza Alam son of Md. Ishaque Mian Resident of village Jorabarganj, P.S. Kumar Khand, district Madhepura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Prawesh Kumar For the Opposite Party : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 17.05.2015 in a case instituted under Sections 25(1-b)a/26 of the Arms Act. As per prosecution case, it is a case of recovery of some arms and ammunition from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner.

As per the prosecution case, one country made pistol and two live cartridges are said to have been recovered from the possession of the petitioner. No compliance of Section 100 of the

Patna High Court Cr.Misc. No.43935 of 2015 (3) dt.02-12-2015 Cr.P.C. has been followed.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Janki Nagar P.S.Case No.61 of 2015. (Sudhir Singh, J) B.Kr./- U T