Md. Parvej @ Kranti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68100 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- KARTAHA District- Vaishali ====================================================== Md. Parvej @ Kranti Md. Jasimuddin Village-Wardha Mirzapur, PS- Munger Muffasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kartaha P.S. Case No. 27 of 2023 instituted for the offences under Sections 25(1-A)/25(1-AA)/25(1-B)A/26(1)(2)(3)/35 of the Arms Act.

3. The prosecution case, in short, is that semimanufactured firearms are said to have been recovered from a mini gun factory running in the cement brick kiln.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has committed no offence alleged in the F.I.R. and has been arrested in this case on mere suspicion. He further submits that the petitioner is neither the owner of the

Patna High Court CR. MISC. No.68100 of 2023(3) dt.21-12-2023 2/2 place from where the recovery has been made nor the same is in his possession. The petitioner was working as a labourer in the alleged brick kiln. The alleged Chimni does not belong to the petitioner. The petitioner in custody since 25.05.2023. Chargesheet has been submitted in this case. The petitioner has one criminal antecedent in which he is on bail. The petitioner has no concern with the seized article. Learned counsel for the petitioner submits that the co-accused, namely, Mohd. Munna @ Md. Munna has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.10.2023 passed in Cr. Misc. No. 63395 of 2023.

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

6. Considering the entire facts and circumstances of the case and in the light of the submissions made on behalf of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Kartaha P.S. Case No. 27 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T