Patna High CourtCR. MISC./28235/2016disposed

Md. Babar @ Babar v. The State Of Bihar

2016-07-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28235 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Md. Babar @ Babar Son of Md. Quddosh Ansari Resident of MohallaShahbaj Nagar, P.S. Mojahidpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Sweety Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 399, 402, 412 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

The prosecution case is that on information that miscreants are preparing to commit dacoity raid was laid when co-accused Md. Shahjaha @ Pasha, Md. Farhan and Md. Amir were apprehended from whom loaded country made pistols, live cartridges and mobiles were recovered. The apprehended accused persons disclosed the name of the miscreants who escaped from the scene as Md. Tarique, Md. Imran and the petitioner Md. Babar.

It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner and only on the statement of the co-accused the petitioner has been roped in the present case.

Patna High Court Cr.Misc. No.28235 of 2016 (2) dt.14-07-2016 2/2 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Tatarpur P.S. Case No. 33 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, Bhagalpur. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T