Rahul Kumar @ Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21453 of 2019 Arising Out of PS. Case No.-357 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== RAHUL KUMAR @ RAHUL SINGH Son of Late Rameshwar Singh Resident of Village - Pipardih near Adri river, P.S.- Aurangabad Town, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 121,379,414 and 120B/34 of the IPC, Sections 25(1-A) (1AA), 25(1-B) a, 26 and 35 of the Arms Act and Section 39 of the Unlawful Activities (Prevention) Act.

The prosecution case as per the self-statement of Bindeshwari Yadav, Circle Inspector, Munger Mufassil is to the effect that on 1.10.2018, in the office of the SHO, Munger Police Station the confessional statement of coaccused Amna Khatoon was taken wherein she stated that her co-villager Manzar Alam along with her brother-in-law (Devar) Lokman and his wife Aisha Begum are involved in

Patna High Court CR. MISC. No.21453 of 2019(3) dt.12-04-2019 2/3 business of illegal arms. Co-accused Amna Khatoon further stated that Manzar Alam has kept arms in the custody of Lokman and on the basis of such statement, the house of Manzar Alam was raided, from where, parts of arms were recovered. It is alleged that Manzar Alam stated that the petitioner had earlier purchased some arms from him. It is submitted by learned counsel for the petitioner that there is no recovery from possession of the petitioner and his name surfaced in the statement of co-accused Manzar Alam. It is further submitted that the petitioner is accused in one other case but he is on bail in that case. Learned APP submits that the name of the petitioner sprang up in the statement of co-accused Manzar Alam from whose possession, parts of arms were recovered.

Considering the fact that there is no recovery from possession of the petitioner, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger in connection with Munger Mufassil P.S. Case No.

Patna High Court CR. MISC. No.21453 of 2019(3) dt.12-04-2019 3/3 of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U