Md. Kamruddin @ Sadana@Sadina v. The State Of Bihar

Patna High Court Cr.Misc. No.25683 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25683 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Kamruddin @ Sadana @ Sadina, son of Md. Sanaullah @ Sanno, Resident of village- Mirzapur Bardah, Police Station- Mufassil, DistrictMunger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 25(1-b), 25(1-AA), 26(I)(II) and 35 of the Arms Act.

It is alleged by the informant that on 01.09.2014 at 6.45 P.M. he got information from the police that two persons with a bag contained illegal arms are proceeding on Nauagarhi Sitakund road towards Vardah and thereafter constituted a raiding party and went to the said place He saw that two persons near Nauagrahi-Sitakund road out of whom one started fleeing away throwing the bag there. He was chased and apprehended by police and disclosed his name as Pappu Singh and other as Dhananjay Singh. On making search of the bag thrown by one of them eight

Patna High Court Cr.Misc. No.25683 of 2015 (3) dt.22-09-2015 semi manufactured illegal pistols were recovered. On being questioned accused Pappu Singh told that those arms were to be carried to present petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The name of the petitioner has come on the basis of the confession of a co-accused. Petitioner has falsely been implicated in the present case. There is no recovery of any arms from the possession of the petitioner. It has been submitted on behalf of the State that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 SDJM, Munger in connection with Mufassil P.S.Case No.169 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T