Patna High CourtCR. MISC./71866/2022bail granted

Mumtaj Alam v. The State Of Bihar

2023-04-29Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71866 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- DANDKHORA District- Katihar ====================================================== 1.

MUMTAJ ALAM, aged about 28 years, male, S/O S K Ishlam R/O Hariganj, P.S- Town, District- Katihar 2.

Md. Akmal @ Tarjan, aged about 21 years, male, S/O SK Shakil, R/O Village- Sariya, P.S- Dandkhora, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yatindra Narayan, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Dandkhora P.S. Case No. 62 of 2022 dated 11.07.2022 registered for the offence(s) punishable under Section(s) 25(1b)a/26/35 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioners are that both the petitioners have fair and clean antecedent, against them investigation has been completed, as per allegation one loaded country made pistol is stated to have been recovered from the possession of the petitioner no.1 (Mumtaj Alam) and one live bullet is stated to

Patna High Court CR. MISC. No.71866 of 2022(2) dt.29-04-2023 2/2 have been recovered from possession of petitioner no.2 ( Md. Akmal @ Tarjan) but the said recoveries were not made before the independent persons and official persons have been shown in the seizure list as witnesses of the seizure and against the petitioners, investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioners' fair and clean antecedent and also the fact that against them, investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioners prayer, let the petitioners be released on bail in connection with Dandkhora P.S. Case No. 62 of 2022 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T