Md. Aurangzeb @ Angoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7972 of 2025 Arising Out of PS. Case No.-2 Year-2024 Thana- Naya Bhojpur District- Buxar ====================================================== Md. Aurangzeb @ Angoor Son of Md. Shamsher@ Sudo R/o- Muhalla - Mirzapur Bardah, P.S - Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Naya Bhojpur P.S. Case No. 02 of 2024 instituted for the offence under Sections 25(1-B)(a), 25(1-AA), 26 & 35 of the Arms Act. 3.

Prosecution case in short is that on 31-08-2024 police raided Birendra Kumar Srivastava's house, where a mini gun factory was being operated with the help from Mungerbased associates. Seven out of eight accused were caught, while the petitioner escaped. During search, 16 pistol butts,

Patna High Court CR. MISC. No.7972 of 2025(2) dt.06-03-2025 2/3 manufacturing tools, and a motorcycle were seized. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-09-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner's name has transpired in this case on the basis of confessional statement of co-accused, namely, Birendra Verma, and the same has no evidentiary value because there is no recovery from the possession of this petitioner. Petitioner has no concern with the recovered arms. There is no compliance of Section 103 of the BNSS, 2023. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.7972 of 2025(2) dt.06-03-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naya Bhojpur P.S. Case No. 02 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T