Patna High CourtCR. MISC./69318/2023allowed

Tufail Ahmad v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69318 of 2023 Arising Out of PS. Case No.-610 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Tufail Ahmad S/O Late Md. Zafar Ali R/O Khelafat Bagh, Mehsoul Chowk, Ward No. 23, P.S- Sitamarhi, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Jha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 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 25(1-b)a, 25(1-A)a, 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with three live cartridges 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 falsely been implicated in this case. He has no concern with the seized article. Provision of Section 100(4) Cr.P.C. has not been followed in this case. Moreover, the petitioner is languishing in judicial custody since 04.08.2023.

Patna High Court CR. MISC. No.69318 of 2023(3) dt.18-10-2023 2/2

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 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 Sitamarhi (Mehsoul) P.S. Case No. 610 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 C.J.M., Sitamarhi.

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