Md. Shahzad @ Sahjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3101 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Md. Shahzad @ Sahjad Alam, aged about 19 years, Male, S/O Ramtullah Miyan @ Rahmtullah Mian, R/o Village - Khamiya, P.S.- Inarwa, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Purushottampur P.S. Case No. 56 of 2019 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25 (1-b)a, 26, 35 of the Arms Act. The accusation is that in course of patrolling duty, six persons were seen, who started to flee away seeing the police party. On chase, the petitioner was apprehended with country made pistol and motorcycle.

Learned counsel for the petitioner submits that the petitioner is made accused on the basis of confessional statement of co-accused Munna Alam. Learned counsel for the

Patna High Court CR. MISC. No.3101 of 2020(2) dt.28-02-2020 2/2 petitioner further submits that similarly situated co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 11.12.2019 passed in Cr. Misc. No.67393 of 2019. He further submits that the petitioner has got no any criminal antecedent. Learned counsel for the petitioner further submits that the seized motorcycle is not stolen property rather it belongs to the co-accused Munna Alam. There is no recovery of incriminating articles from the possession of the petitioner. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, J.M. - Ist Class, Bettiah, West Champaran in connection with Purushottampur P.S. Case No. 56 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T