Patna High CourtCR. MISC./71892/2024allowed

Rijwan Alam v. The State Of Bihar

2024-10-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71892 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- Banjariya District- East Champaran ====================================================== Rijwan Alam S/o- Mohammad Tuna Village- Banjariya Gumti No.162, Masjid Tola, P.S- Banjariya ,District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is praying for regular bail in a case registered for the offence punishable under Sections 310(4), 310(5), 317(5) of the BNS & Section 25(1-b) a, 26, 35 of the Arms Act.

3. According to the case of the prosecution, one loaded country made pistol with two live cartridges was recovered from the possession of the petitioner. Apart from this, one android mobile and cash of Rs.300/- was recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and have committed no offence. The petitioner has falsely been implicated in this case. It is further submitted that charge-sheet has already been filed. The

Patna High Court CR. MISC. No.71892 of 2024(2) dt.05-10-2024 2/2 petitioner has got no criminal antecedent and is in custody since 17.07.2024.

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 Banjariya P.S. Case No.164 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran, Motihari.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T