Patna High CourtCR. MISC./80447/2023allowed

Md. Shafique @ Shafique @ Guddu v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80447 of 2023 Arising Out of PS. Case No.-258 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Md. Shafique @ Shafique @ Guddu Son Of Md. Raquib @ Md. Rakib R/O Vill - Bagesri @ Bageshwari, P.S. - Jokihat, Distt.- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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 399, 400, 402 of the IPC 25(a), 25(1-A), (1-AA), (1-B) (ab), 26(1) (2), and 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot along with other co-accused persons. On search one Jawa mobile phone and cash were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has

Patna High Court CR. MISC. No.80447 of 2023(2) dt.14-12-2023 2/2 no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that not a single arm has been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 05.04.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Forbesganj P.S. Case No. 258 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Araria.

(Sunil Kumar Panwar, J) manishkumar/- U