Md. Imran @ Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1386 of 2024 Arising Out of PS. Case No.-808 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Md. Imran @ Md. Raja S/O MD. SUHAIL @ SAHAL AHMAD RESIDENT OF MOH-DANARA, PS. BHAGWANGANJ, DIST. PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nelima Sinha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 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 411, 412, 413, 414, 120(B) of the Indian Penal Code and Sections 25(1b)a of Arms Act.

3. Prosecution case relates to recovery of one USA made pistol along with several live cartridges from room of coaccuse Deepak Kumar. The petitioner is said to have been indulged in keeping illegal arms.

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 petitioner has no concerned with the alleged arms seized by the police. No any

Patna High Court CR. MISC. No.1386 of 2024(2) dt.31-01-2024 2/2 incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police officials, not a single independent witness which violates section 100 of Cr.P.C. Moreover, he is languishing in judicial custody since 11.8.2023.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Masaurhi P.S. Case No. 808 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Dist- Patna. (Sunil Kumar Panwar, J) Amandeep/- U T