Md. Saddan Shekh @ Md. Saddam Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69065 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Saddan Shekh @ Md. Saddam Sheikh Son Of Md. Shamsher @ Md. Shamsher Ahmad R/0 Vill Dharampur Ps Samastipur Town, Dist- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Sections 25(a-B)a, 26, 35 of Arms Act.

3. Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one loaded country made pistol, one live cartridge and one mobile phone have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.69065 of 2023(2) dt.01-11-2023 2/2 falsely been implicated in this case. The petitioner has no concerned with the alleged arms seized by the police. It is further submitted that the seizure list has not been prepared in accordance with law. The petitioner has got no criminal antecedent as stated para-3 of the bail petition. He is languishing in judicial custody since 4.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur (T) P.S. Case No. 84 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T