Taukir Alam @ Tokir Alam And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3706 of 2015 Arising Out of PS.Case No. -155 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Taukir Alam @ Tokir Alam son of Gayasuddin Ansari

2. Laddu @ Liddu @ Zahid Hussain son of Md. Wasim Both residents of village- Rampur Bheriyahi, P.S.- Chiraiya, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Heard both sides.

The petitioners apprehend their arrest in Ghorasahan P.S. Case No. 155 of 2013, registered for the offences punishable under Sections 25(1-B)A, 26 of the Arms Act.

The informant police official arrest Jailal Pandit and on raid from the house of Jailal Pandit one loaded country made pistol and mobile was recovered.

Learned counsel for the petitioners submits that the name of the petitioners figured in the case in the confessional statement of the co-accused Jailal Pandit but nothing has been recovered from his possession. The petitioners were not apprehended on the spot and co-accused Jailal Pandit has already

Patna High Court Cr.Misc. No.3706 of 2015 (2) dt.28-01-2015 been enlarged on bail. The petitioner is also made accused in another case i.e. Chiraiya P.S. Case No. 117 of 2013 that too on the basis of confessional statement.

Considering the facts aforesaid and the fact that the name of the petitioners figured in the case in the confessional statement of co-accused but nothing has been recovered from the possession of the petitioners, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 155 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T