Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20728 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== MD. RAJU SON OF MD. SHAMSHER @ ANGUR @ MD. ANGUR R/O VILLAGE- BARDAH, P.S.- MUFFASIL, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-b)a, 26(1)(11), 35 of the Indian Penal Code. The informant alleges that he received information that illegal arms in huge quantity is being transported in four wheeler accordingly, checking of vehicle started and a Scorpio vehicle was stopped, it is next alleged that the driver of the vehicle was arrested who disclosed his name as Tipu and from the vehicle, forty pieces of semi-manufactured arms were recovered and from possession of Tipu, one country-made pistol along with three live cartridges were recovered and Tipu disclosed the name of the petitioner.

Patna High Court CR. MISC. No.20728 of 2023(2) dt.26-06-2023 2/3 Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner has no connections with Tipu and the petitioner himself is not able to comprehend that as why his name has been dragged in the case falsely, when admittedly, petitioner is a person with clean antecedent. It is next submitted petitioner will not abscond, rather, will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 trial court where the case is pending/successor court in connection with Bariyarpur P.S. Case No. 208 of 2022 subject to the conditions as laid down

Patna High Court CR. MISC. No.20728 of 2023(2) dt.26-06-2023 3/3 under Section 438 (2) of the Cr.P.C.

However, it is made clear, that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not making himself available as and when called, the learned Trial Court shall pass orders in accordance with law and shall also have the liberty to cancel his bail bonds, after recording reasons.

Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

(Satyavrat Verma, J) HarshPandey/- U T