Md. Mubarak @ Md. Mubarak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72510 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== MD. MUBARAK @ MD. MUBARAK ALAM SON OF IMAM @ IMAMUDDIN R/O VILLAGE- HINGWA, P.S.- ROUTA, DISTRICTPURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26(iii) and 27 of the Arms Act.

3. As per prosecution case, on receiving a secret information that one person kept illegal weapon with him thereafter the police personnel reached at that place. One person apprehended and there has been recovery of one country-made pistol and one live cartridge from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the

Patna High Court CR. MISC. No.72510 of 2023(2) dt.28-11-2023 2/2 alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedent. He further submitted that the motorcycle bearing Honda SP-125 Reg. No. BR37AC-6865 which has been alleged to be recovered from the possession of the petitioner belongs to the petitioner itself. He is languishing in judicial custody since 23.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 151 of 2023. (Sunil Kumar Panwar, J) Arish/- U T