Shakil Alam @ Sakil Alam @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6807 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Shakil Alam @ Sakil Alam @ Guddu S/O Jamal Ansari R/O Vill.- Jaysinghpur, Gharbari, P.S. -Turkaulia, Dist.- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal- Sr. Advocate Mr. Gopal Govind Mishra- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2025

1. Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Indian Penal Code.

3. The learned senior counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he received secret information that some miscreants on a bike are coming with arms. Accordingly, the informant reached the place of occurrence and saw a motorcycle coming, but then, the accused sitting on the motorcycle fled leaving the motorcycle behind and on search, a loaded pistol was recovered.

Patna High Court CR. MISC. No.6807 of 2025(4) dt.02-07-2025 2/3

4. The learned senior counsel for the petitioner submits that FIR was against unknown and during the course of investigation the name of the petitioner transpired. It is further submitted that the seized motorcycle belongs to Md. Balal, as such, petitioner is not the owner of the motorcycle.

5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application and submits that during the course of investigation, it transpired that owner of the motorcycle is Balal and Balal disclosed that petitioner is brother of his son in-law and on the date of occurrence, he was using the motorcycle, as such, it is submitted that on disclosure of Balal, the name of this petitioner transpired, on which the learned senior counsel appearing on behalf of the petitioner submits that confession of an accused before the police does not have any evidentiary value.

6. It is also submitted that petitioner is a young boy aged about 19 years and in the nature of allegation based on which his name has transpired, if the petitioner is sent to judicial custody, in that event, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminal. It is also submitted that supplementary affidavit has been filed annexing the certificate relating to his

Patna High Court CR. MISC. No.6807 of 2025(4) dt.02-07-2025 3/3 educational qualification. It is next submitted that petitioner presently is pursuing his B.A. course. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

7. After hearing the learned counsel for the parties, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, East Champaran, Motihari in connection with Turkauliya P. S. Case No.336 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father namely, Jamal Ansari.

8. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T