Md. Afan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.772 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Md. Afan S/O Abdul Hanan R/O Village- Sabeya Devraj, P.S- Ramnagar, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 25(1-B)a/26/35 of the Arms Act.

3. A single barrel gun alongwith 8 live cartridges and 6 fired cartridges were recovered from the room of this petitioner.

4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. No incriminating article has been recovered from the conscious possession of this petitioner. Provisions of Section 100 Cr.P.C. has not been followed with respect to search and seizure. In this case, chargesheet has already been submitted. Petitioner is in custody since 06.07.2023.

Patna High Court CR. MISC. No.772 of 2024(3) dt.21-03-2024 2/2

5. However, learned A.P.P. for the State opposed the bail petition.

6. Considering the aforesaid facts and circumstances as well as period of custody, let the above named petitioner be released 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 S.D.J.M., Bagaha, West Champaran in connection with Ram Nagar P.S. Case No. 36 of 2023. (Prabhat Kumar Singh, J) anay U T