Md. Samshad @ Md. Shamshad @ Md. Samshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31285 of 2017 Arising Out of PS.Case No. -828 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Samshad @ Md. Shamshad @ Md. Samshad Alam, Son of Late Farman Ali, Resident of Village-Khoragach Kathuwa P.S. Sikti, District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Araria P.S. Case No. 828 of 2016 instituted for the offence under Sections 25(1-b)a, 26 of the Arms Act and Sections 3/4 of Explosive Substance Act. It is alleged in the written report that petitioner gave information to the police that some arms and explosive substance were kept in the northern side of campus of Jamitara Devi. The police recovered the arms and four explosive substancee as mentioned in the written report from the place of occurrence which was found kept underground. The house owner Jamitara Devi told that she has no concern with the aforesaid articles and told that some unknown persons due to criminal conspiracy, kept the explosive substance. Thereafter, during investigation, police

Patna High Court Cr.Misc. No.31285 of 2017 (2) dt.11-07-2017 2/2 recorded confessional statement of the petitioner after arresting him on the basis of tower location of mobile phone. It has been submitted on behalf of the petitioner that he was present there because he has made the telephone call to the police. Except this, nothing has been recovered from his possession. The petitioner is said to be in custody since 24.3.2017. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria, in connection with Araria P.S. Case No. 828 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T