Md. Jawed @ Chaua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51165 of 2016 Arising Out of PS.Case No. -420 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Md. Jawed @ Chaua, Son of Sakim Mian, R/o- Village- Majhauliya, P.S.- Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 414, 401,120B of the Indian Penal Code and Sections 25(1-b), 25(1-A), 25(1-AA), 26(2), 27(2) of the Arms Act.

The prosecution case, in brief, is that on confidential information the informant along with police force reached near the spot and on seeing them the accused persons tried to flee away but one person was apprehended, who disclosed his name as Md. Sajid @ Lambu and on search a loaded pistol along with four live cartridges were recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.51165 of 2016 (2) dt.29-11-2016 petitioner. The petitioner has falsely been implicated in the present case. The other co-accused was apprehended with one loaded country made pistol along with four live cartridges. The name of the petitioner has been disclosed by the said apprehended coaccused. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has been made accused out of enmity by the co-accused, namely, Md. Sajid @ Lambu.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. case No.420 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T