Md Samir Alam @ Guddu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13215 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== 1.

Md Samir Alam @ Guddu Alam, Son of Md. Jahangir Hussain @ Mohammad Jahangir, Resident of village - Mehdi Ganj, Deoria, P.S. - Deoria, District - Muzaffarpur.

2.

Md Asif @ Laddu Hussain, Son of Md. Shamim, Resident of village - Mehdi Ganj, Deoria, P.S. - Deoria, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2021 As prayed for, let learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks from today.

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

The petitioners apprehend their arrest in connection with Vaishali P.S. Case No. 249 of 2020, registered under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accusation is that in course of checking of the vehicle, one motorcycle was stopped, the person who was boarding on the said motorcycle was found in possession of one country made pistol, who disclosed his name as Shahnawaj. On

Patna High Court CR. MISC. No.13215 of 2021(2) dt.28-09-2021 2/2 query, Shahnawaj also disclosed his three associates including the name of the petitioners.

Learned counsel for the petitioners submits that petitioners were not apprehended at the spot rather their names have been disclosed by co-accused, Shahnawaj, who was apprehended by the police with one country made pistol. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 249 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T