Md. Chand @ Md. Chand Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79768 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- BAUGHAT District- Sheikhpura ====================================================== MD. CHAND @ MD. CHAND MALIK SON OF MD. UMAR @ MD. UMAR MALIK R/O VILLAGE- ARSAR, P.S.- JAMUI, DISTRICT- JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. A. Shamsi For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 section 25(1A), 25(1-AA), 25(1-b)a, 26(i)(ii), 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot along with others. On search one mobile was recovered from his pocket and other incriminating articles were recovered from other co-accused persons.

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.79768 of 2023(2) dt.11-12-2023 2/2 no concern with the alleged co-accused persons rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.08.2023.

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 Baughat P.S. Case No. 03 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sheikhpura. (Sunil Kumar Panwar, J) manishkumar/- U