Abuzer @ Abuzer Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5080 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- BAISI District- Purnia ====================================================== ABUZER @ ABUZER ALAM SON OF NAZIR @ MD. NAZIR IMAM R/O VILLAGE- SADIPUR BHUTAHA, P.S.- BAISI, DIST.- PURNEA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b)a, 26 and 35 of the Arms Act.
3. Prosecution case relates to recovery of a loaded country made pistol with six live cartridges and its magazine alongwith one empty magazine, which were kept beneath the bed of the petitioner in his house. Accordingly, seizure list was prepared and FIR was registered.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Allegedly, the seized arms does not belong to the petitioner rather the same was given to him by co-accused Rafakat for
Patna High Court CR. MISC. No.5080 of 2024(2) dt.07-02-2024 2/2 keeping in his house safely. Petitioner has got no criminal antecedent and languishing in judicial custody since 28.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Baisi P.S. Case No. 391 of 2023. (Sunil Kumar Panwar, J) sushma/- U