Md. Sarwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84793 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Md. Sarwar, Son Of Md. Shahid R/O Village- Balki Katra, P.S.- Laheri, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Laheri P.S. Case No. 297 of 2023 for the offence registered under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. Allegation against the petitioner is of manufacturing and assembling illegal weapons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. His name transpired in the present case on the basis of disclosure statement made by the co-accused Md. Sarfaraz. There is no recovery made from conscious possession of the petitioner. He further submits that similarly situated co-accused has been granted regular bail by a
Patna High Court CR. MISC. No.84793 of 2023(2) dt.22-01-2024 2/2 coordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 71255 of 2023. Petitioner is in jail custody since 05.09.2023. Petitioner has no criminal antecedent.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged 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 concerned court below in Laheri P.S. Case No. 297 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T