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Patna High CourtCR. MISC./76896/2023allowed

Md. Thahmid @ Md. Simmi @ Chhimmi v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76896 of 2023 Arising Out of PS. Case No.-454 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== MD. THAHMID @ MD. SIMMI @ CHHIMMI Son of Late Md. Kais R/o Mohalla - Moharmpur, Chamru Pasi Gali, Bakarganj, P.S. - Pribahore, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one country-made pistol loaded with four live cartridges 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 alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the

Patna High Court CR. MISC. No.76896 of 2023(2) dt.04-12-2023 2/2 present case by the police due to his criminal antecedents. He is languishing in judicial custody since 19.06.2023.

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, Patna in connection with Pirbahore P.S. Case No. 454 of 2023. (Sunil Kumar Panwar, J) Arish/- U T