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Patna High CourtCR. MISC./15223/2025allowed

Md. Sadre Alam @ Sadre Alam v. The State Of Bihar

2025-03-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15223 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Md. Sadre Alam @ Sadre Alam S/O Takir Husain @ Takir Husain Shah Resident of Village- Raghunathpur, Dhunia Tola, Ward no. 9, P.S.- Majorganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Majorganj P.S. Case no. 116 of 2024 instituted for the offence under Sections 399 and 402 of the Indian Penal Code and under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. The case of the prosecution is that the informant received an information that miscreants have gathered and they may commit some offence. On this information, the informant along with his associates rached the house of Sonu Patel. There they apprehended Sonu Patel and Rupesh Patel. Certain persons managed to escape. The apprehended persons disclosed the name of this petitioner along with others.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.15223 of 2025(2) dt.19-03-2025 2/2 petitioner has submitted that in this case while making seizure the provisions of Section 100 Cr.P.C. has not been followed and that the witnesses are not the independent witnesses rather they are official witnesses. The petitioner is having criminal antecedent of 5 cases and in 4 cases he has been granted bail by the learned trial court itself.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Majorganj P.S. Case no. 116 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T