Md. Usman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85679 of 2019 Arising Out of PS. Case No.-894 Year-2019 Thana- KOTWALI District- Patna ====================================================== 1.

MD. USMAN Son of Md. Yusuf Resident of Maksudanpur Hafi, P.S.- Kotwali (Town), District- Bijnaur (U.P.) 2.

Md. Jamil Son of Late Majid Resident of Sabdalpur, P.S.-Himpur Dipa, District- Bijnaur (U.P.) 3.

Md. Azaz @ Md. Azat @ Md. Ejaj Son of Md. Yasin @ Yasif Resident of Sabdalpur Rera, P.S.- Himpur Dipa, District- Bijnaur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Kotwali P.S. Case No. 894 of 2019 for the offence punishable under Sections 399, 401, 402, 413, 414, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. The allegation is regarding the police having received secret information that certain miscreants were preparing for committing dacoity, whereafter 12 accused persons were arrested from near a temple and various arms, like country made pistol, knife etc., were recovered. As far as the petitioners are

Patna High Court CR. MISC. No.85679 of 2019(3) dt.14-01-2020 2/2 concerned, they are said to be in possession of one knife each. The learned Senior counsel for the petitioners has submitted that petitioners have been falsely implicated in the present case, and are innocent. It is further submitted that the petitioners are languishing in custody since 06.10.2019. Lastly, it is submitted that the charge sheet has already been submitted, hence no useful purpose will be served by keeping the petitioners behind the bars.

Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the petitioners, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Kotwali P.S. Case No. 894 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T