Md. Sajjad @ Bhola Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77993 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== MD. SAJJAD @ BHOLA MIAN SON OF ABDUL AJIJ @ ABDUL AJIJ RESIDENT OF VILLAGE-DARGAH MOHALLA, WARD NO.09 ,PS -TEGHRA, DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Wasi Akhtar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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 387, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of Arms Act.
3. According to the FIR, it is a case of threatening and demand of ransom money by the accused persons. This petitioner as well as co-accused Md. Soheil are said to have been apprehended from whose possession, one country made pistol was recovered.
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.77993 of 2023(2) dt.06-12-2023 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 witness are police officials, not a single independent witness which violates section 100 of Cr.P.C. The petitioner is languishing in judicial custody since 5.3.2023. Moreover, similarly situated co-accused has already been granted bail by this Court vide order dt. 22.9.2023 passed in Cr. Misc. No. 60853 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. 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 Teghra P.S. Case No. 89 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, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T