Md. Changla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18437 of 2025 Arising Out of PS. Case No.-392 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Md. Changla Son of Md. Khalil @ Khalil Ali Resident of Village - Pachgachia, P.S.- Gopalpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Gopalpur P.S. Case No. 392 of 2022 registered for the offences under Sections 25(1-b), a, 26 and 35 of the Arms Act and Section 3, 4 and 5 of the Explosive Act.

3. As per prosecution case, police received secret information about three notorious criminals along with their associates coming to a certain place with huge quantity of arms, ammunition and explosive for committing some major crime. The identified place was surrounded and seven criminals were found coming on three motorcycles who were signaled to stop but two of the motorcycle riders sped away and one of the motorcycles was intercepted. Name of the petitioner transpired

Patna High Court CR. MISC. No.18437 of 2025(2) dt.16-04-2025 2/3 during investigation for being involved in the occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No offence as alleged has ever taken place. Nothing incriminating has been recovered from the person or possession of this petitioner who has been remanded in this case from some other case. No offence under any of the provision of Arms Act or Explosive Substance Act is made out against the petitioner. Some of the co-accused persons have been granted bail by different Co-ordinate Benches of this Court vide order dated 19.09.2023 passed in Cr. Misc. No. 46926 of 2023 and order dated 10.05.2024 passed in Cr. Misc. No. 77608 of 2023. Petitioner is in custody since 30.01.2023 and chargesheet has been submitted. Petitioner is having antecedent of two cases and he is on bail in both the cases.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two

Patna High Court CR. MISC. No.18437 of 2025(2) dt.16-04-2025 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Bhagalpur/concerned court in connection with Gopalpur P.S. Case No. 392 of 2022, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T