Md. Teepu @ Teepu Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9089 of 2025 Arising Out of PS. Case No.-239 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Md. Teepu @ Teepu Sultan Son of Md. Sakim Resident of Sipahi Tola, P.S. - Mahnar, District - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Prasad Sinha, Adv.

Mrs. Rima Sinha, Adv.

For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bidupur P.S. Case No. 239 of 2023 dated 17.04.2023 registered for the offences punishable u/ss 399 and 402 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the co-accused persons were apprehended by the police personnel while the petitioner along with the co-accused persons was assembled for the purpose of committing dacoity. On search, one country made pistol and a live cartridge were recovered from the possession of the co-accused, Md. Sahil, one country-made pistol and a live

Patna High Court CR. MISC. No.9089 of 2025(2) dt.02-05-2025 2/3 cartridge were recovered from the possession of the co-accused, Md. Sadam and a live cartridge was recovered from the right pocket of the co-accused, Md. Saddam Hussain. It is further alleged that the apprehended person disclosed the name of the petitioner as Md. Teepu @ Teepu Sultan who fled from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner has surfaced in this case only on the basis of the confessional statement of the co-accused person. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The coaccused person has already been granted regular bail by this court vide order dated 13.11.2024 passed in Cr. Misc. No. 78907/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on

Patna High Court CR. MISC. No.9089 of 2025(2) dt.02-05-2025 3/3 furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 239 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T