Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15581 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Md. Saddam, S/o- Md. Akabar @ Akbar Nadaf @ Akbar Village- Gangaur Madhubani Tola P.S.- Harlakhi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate Mr. Vijay Kumar, Advocate Mr. Brahmanand Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Harlakhi P.S. Case No. 209 of 2023, instituted under Sections 399, 402/34 of the Indian Penal Code and Sections 25(1b)a, 26 of Arms Act.

3. As per the prosecution case, on getting information of planning of Bank dacoity by 8-10 miscreants, informant/ S.I. along with other police personnel reached at Sub -P.H.C., Gangaur and apprehended four persons from whom possession one country made pistol, three live cartridges, motorcycles and mobiles were recovered. It is alleged that some miscreants fled away from the spot.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.15581 of 2024(3) dt.26-04-2024 2/2 petitioner is innocent and has falsely been implicated in this case. Except confessional statement of co-accused, there is no material against the petitioner. No recovery has been made from possession of the petitioner nor he was arrested on the spot. Petitioner has one criminal antecedent which belongs to Excise Act in which he is on bail. Petitioner has no concern with the co-accused persons. He is ready to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Harlakhi P.S. Case No. 209 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T