Hon'ble Mr. Justice Anil Kumar Sinha granted regular bail to the petitioner in an arms possession and explosives case. The court considered that the co-accused was released, charge sheet was submitted, and there was no likelihood of absconding.
Petitioner released on regular bail on furnishing a bond of Rs. 20,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1643 of 2022
Arising Out of PS. Case No.-132 Year-2021 Thana- AANDAR District- Siwan
======================================================
MUMTAZ KHAN Son of Nasarullah Khan @ Nasirullah Khan Resident of village - Khajepur Kala, P.S. - N.H. Nagar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kishore Thakur For the Opposite Party/s : Mr.Md. Ataur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 25-05-2022 Heard the parties.
Petitioner seeks regular bail in connection with Aandar M.H. Nagar PS Case No. 132 / 2021 registered for the offence under Sections 399 / 402 of the IPC , Section 25 (1-b)a / 26 / 35 of the Arms Act and Section 3 / 4 of the Explosive Substances Act.
As per the First Information Report from the house of co-accused / Sanoj Patel one country made pistol and four cartridges were recovered and the petitioner was arrested from the spot along with other accused persons.
Learned counsel for the petitioner submits that petitioner has falsely been implicated since the petitioner had gone to the house of Sanoj Patel in order to meet him inasmuch as he is the co-villager of the petitioner. Learned counsel further submits that petitioner has not committed any offence as alleged
Patna High Court CR. MISC. No.1643 of 2022(2) dt.25-05-2022 2/2
and the co-accused / Sanoj Patel from whose house fire arms have been recovered has been granted bail by a Co-ordinate Bench of this court in Cr. Misc. No. 71741 / 2021 , the petitioner is in custody since 26-07-2021 and charge sheet has already been submitted.
Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that petitioner is in custody since 26/7/2021 , similarly situated co-accused has been granted bail, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IV, Siwan in connection with Aandar M.H. Nagar PS Case No. 132 / 2021.
praful/-
(Anil Kumar Sinha, J)
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner considering he is a co-villager and similarly situated co-accused has been released.
Whether the petitioner will abscond or tamper with evidence if released on bail.
3 provisions across 3 enactments
Mumtaz Khan
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
