Sahin @ Md.Sahin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80853 of 2023 Arising Out of PS. Case No.-368 Year-2023 Thana- AMARPUR District- Banka ====================================================== Sahin @ Md.Sahin S/O Md. Taiyab Village- Kharihara, Ps. Barahat, Dist. Banka.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 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 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of Arms Act.

As per the allegation in F.I.R., petitioner was caught hold by the villager when he tried to pull out a lady from tempo. During the course, he fired but no one hit. It is further alleged that one country made pistol and two live cartridges from the possession of the petitioner.

Patna High Court CR. MISC. No.80853 of 2023(2) dt.15-12-2023 2/3 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. There is no independent witness of the alleged seizure. Petitioner has no concern with the seized incriminating articles. It is also submitted that petitioner is languishing in judicial custody since 24.05.2023.

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 after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed, in connection with Amarpur P.S. Case No. 368 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court CR. MISC. No.80853 of 2023(2) dt.15-12-2023 3/3 sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IV, Banka.

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