Patna High CourtCR. MISC./22282/2018bail granted

Md. Munna v. The State Of Bihar

2018-04-19Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22282 of 2018 Arising Out of PS.Case No. -445 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Md. Munna, S/o Tasir @ Tasirruddin @ Kanna Resident of VillageBilatibari Purana Kharga, P.S. & District-Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Petitioner is permitted to make correction in para 3 of the application stating the correct year of P.S. Case No. 444. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.04.2017 in connection with Kishanganj P.S. Case No. 445 of 2016 for offences punishable under Sections 20/25(1-b) a/26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that a raid was conducted in the house of the petitioner and one country made pistol with one live cartridge was recovered from his house. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.22282 of 2018 (2) dt.19-04-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and the matter is output of another case in which the petitioner has been made accused i.e. Kishanganj P.S. Case No. 444 of 2016 lodged on the same date and that no overt act has been committed by the petitioner. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail 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, Kishanganj in connection with Kishanganj P.S. Case No. 445 of 2016.

(Nilu Agrawal, J) Devendra/- U T