Md. Shakil @ Lalwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74275 of 2019 Arising Out of PS. Case No.-435 Year-2015 Thana- MADHEPURA District- Madhepura ====================================================== MD. SHAKIL @ LALWA Son of Md. Shalauddin Resident of Village - Machhbakhra (Bharrahi O.P.) P.S. and District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of the Indian Penal Code and 25(1B)a, 26(ii) and 35 of the Arms Act. The prosecution case in short is that on seeing the police party, the accused persons started fleeing away but were apprehended and one motorcycle, two loaded country made pistol, a live cartridge and cash were recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.9.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.74275 of 2019(4) dt.05-03-2020 2/2 The petitioner had no knowledge that the motorcycle is stolen property.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharahi) P.S. Case No. 435 of 2015. (Sudhir Singh, J) Pankaj/- U T