Md. Mahmood Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Md. Mahmood Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, East Champaran, Motihari, in connection with Madhuban (Garhiya) P.S. Case No. 84 of 2024.

Issue for consideration

Whether the petitioner, arrested in connection with Madhuban (Garhiya) P.S. Case No. 84 of 2024 registered for offences under Sections 411, 413, 414, 420, 467, 468, 471, 120B read with Section 34 IPC and Sections 25(1B)a, 26 and 35 of the Arms Act, should be enlarged on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, East Champaran, Motihari, in connection with Madhuban (Garhiya) P.S. Case No. 84 of 2024; the application stands allowed.

Detailed headnote1 paragraphs

BAIL GRANTED. Petitioner Md. Mahmood sought bail in Madhuban (Garhiya) P.S. Case No. 84 of 2024 (dated 01.03.2024, East Champaran), registered for offences punishable under Sections 411, 413, 414, 420, 467, 468, 471, 120B read with Section 34 of the I.P.C. and Sections 25(1B)a, 26 and 35 of the Arms Act. Prosecution version: on secret information about a viral photograph on Whatsapp, police apprehended the petitioner and co-accused Md. Shabab; a live cartridge was recovered from the co-accused and one country-made pistol from the petitioner, who on interrogation disclosed membership of a group involved in committing loot and theft of vehicle. Counsel urged innocence, absence of any incriminating article recovered from conscious possession, prior grant of regular bail to the co-accused (order dated 29.08.2024 in Cr. Misc. No. 55800 of 2024), three criminal antecedents and custody since 02.03.2024; learned A.P.P. opposed. Considering the facts, circumstances and period of custody, Chandra Prakash Singh, J directed enlargement of the petitioner on bail of Rs. 20,000/- with two like sureties (oral order dt. 04-12-2024); the application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84586 of 2024

Arising Out of PS. Case No.-84 Year-2024 Thana- MADHUBAN District- East Champaran

======================================================

Md. Mahmood Son of Late Sahu Mian @ Md. Sahu Resident of VillageGardiya (Garahiya) ,P.S. - Madhuban (O.P. Gadiya ), District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 04-12-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhuban (Garhiya) P.S. Case No. 84 of 2024 dated 01.03.2024 registered for the offences punishable under Sections 411, 413, 414, 420, 467, 468, 471, 120B read with Section 34 of the I.P.C. and Sections 25(1B)a, 26 and 35 of the Arms Act.

As per the prosecution case, police received secret information about the viral photograph on Whatsapp of a person with an arm. They proceeded for inquiring the matter and in due course two persons on a motorcycle namely Md. Shabab and Md. Mahmood (the petitioner) tried to flee away on seeing police but they were apprehended. On search, one live cartridge

Patna High Court CR. MISC. No.84586 of 2024(2) dt.04-12-2024 2/3

was recovered from the co-accused and one country made pistol was recovered from the petitioner, Md. Mahmood. On interrogation, they disclosed that they are the members of the group who are involved in committing loot and theft of vehicle.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 29.08.2024 passed in Cr. Misc. No. 55800 of 2024. The petitioner has three criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.03.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with

Patna High Court CR. MISC. No.84586 of 2024(2) dt.04-12-2024 3/3

Madhuban (Garhiya) P.S. Case No. 84 of 2024.

The application stands allowed.

(Chandra Prakash Singh, J)

atul/-

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