Rinku @ Shafi Alam @ Md. Shafi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16092 of 2025 Arising Out of PS. Case No.-35 Year-2024 Thana- ANGARH District- Purnia ====================================================== Rinku @ Shafi Alam @ Md. Shafi Alam Son of Md. Sayeed Resident of Village- Talbari, P.S.- Kochadhaman, Dist- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumar Kunal Saurabh, SHO Cum ASI Angarh ps Dist- Purnea bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Firoz Ahmad, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Angarh P.S. Case No. 35 of 2024 registered for the offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

The prosecution case in short is that while accused persons were hatching a conspiracy to commit dacoity, they were apprehended by the police. On search, country made pistols and live cartridges have been recovered from the possession of co-accused persons.

Patna High Court CR. MISC. No.16092 of 2025(2) dt.05-03-2025 2/3 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is a man of clean antecedent. Petitioner is not named in the FIR. Name of the petitioner transpired during course of investigation on the basis of confessional statement of coaccused, namely, Ravi Kumar Singh. There is no independent witness to the occurrence. Nothing has been recovered from the physical or conscious possession of the petitioner. Other coaccused has been granted regular bail by this Court vide order dated 19-02-2025, passed in Cr. Misc. No. 8326 of 2025. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Angarh P.S. Case No. 35 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.16092 of 2025(2) dt.05-03-2025 3/3 under Section 482 (2) of the BNSS, 2023.

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