Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69196 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== MD. DANISH S/O MD. NASARUDDIN @ MD. NESARUDDIN R/O VILLAGE- GAURIBIGHA, P.S- CHANDI, DISTT.- NALANDA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402, 412, 414 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act. The prosecution case as per F.I.R is that the informant received information that criminals have assembled to commit some offence. The informant accordingly arrested four persons including the petitioner and recovered country made pistol, live cartridges and smart phones. There is recovery of one country made

Patna High Court CR. MISC. No.69196 of 2023(2) dt.01-11-2023 2/3 pistol and one live cartridge from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather recovery is from public place. The petitioner has no concern with the seized arms or the accused persons. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Similarly situated co-accused namely, Md. Chand has already been enlarged on bail by this Bench vide order dated 11.09.2023 passed in Cr. Misc. No. 59829 of 2023. The petitioner is languishing in custody since 09.05.2023. In contra, learned A.P.P for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.69196 of 2023(2) dt.01-11-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 208 of 2023.

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