Patna High CourtCR. MISC./85577/2023allowed

Md. Salman v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85577 of 2023 Arising Out of PS. Case No.-373 Year-2023 Thana- RAJAON District- Banka ====================================================== Md. Salman Son of Md Kasim Resident of village- Urhta, P.s Lodipur, DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md.Najmul Hodda For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 sections 414/34 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of Arms Act.

3. The petitioner along with co-accused Rajiv Yadav is said to have been apprehended with a Creta car regarding which, no valid paper has been produced by them. On search, one country made pistol and one mobile phone were recovered from the apprehended accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitoner has no

Patna High Court CR. MISC. No.85577 of 2023(2) dt.10-01-2024 2/2 concern with the seized recovery of Car or with the arms rather he had taken lift in the alleged vehicle. So far as recovered mobile is concerned, the same belongs to the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 373 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 Chief Judicial Magistrate, Banka.

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