Patna High CourtCR. MISC./77961/2023allowed

Md. Zamir v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77961 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Md. Zamir S/O Md. Zubair @ Md. Zubair Alam @ Zubair R/O VillageBarkatpur, Ward No. 06, Barkarpur, Baisa, P.S- Parbatta (MARAIYA), Distt.- Khagaria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Upendra 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.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 27, 35 of Arms Act.

It is a case of recovery of one country made pistol and two live cartridges from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. There is no

Patna High Court CR. MISC. No.77961 of 2023(2) dt.06-12-2023 2/2 independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 27.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Parbatta (Maraiya) P.S. Case No. 127 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T