Md. Niyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83410 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Md. Niyaz S/o Md. Mohiuddin @ Md. Mohinddin Ansari Resident of Mohalla- Mogal Kuan, P.S.- Sohsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sonam Kumari, Advocate :
Mr. Anil Kumar No. I, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sohsarai P.S. Case No. 223 of 2024 instituted for the offences under Sections 317(5) of the Bharatiya Nyaya Sanhita, 2023 25(1-B)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that while the two persons were making video with a country-made pistol, the police raided the place of occurrence and apprehended the petitioner. On search, one country-made pistol and one live cartridge were recovered from the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.83410 of 2024(2) dt.04-12-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.09.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sohsarai P.S. Case No. 223 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T