Jamsher @ Md. Jamser Alam @ Md. Jamsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27351 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Jamsher @ Md. Jamser Alam @ Md. Jamsher Alam S/O Md. Samir R/O Village- Banbhag, P.S- K. Nagar, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. 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 and 26 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Md. Wasi was arrested and from his shop, arms were recovered and he disclosed that his son-in-law, Guddu Miya, is also involved in manufacture of illegal weapons and the weapons are made at the instance of the petitioner who provides money.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.27351 of 2023(2) dt.21-07-2023 2/3 next submitted that petitioner was not arrested from the spot and he came to be implicated based on the confessional statement of Md. Wasi in police custody which does not have any evidentiary value when admittedly the petitioner is a person with clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that offence is serious relating to Arms Act and allegation against the petitioner is of providing money for manufacturing arms as such the privilege of anticipatory bail be not granted to the petitioner.

6. Learned counsel for the petitioner rebuts the submission of the learned APP for the State and submits that the petitioner has been implicated based on confessional statement, it is further submitted that he 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 and proving his innocence.

7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/-

Patna High Court CR. MISC. No.27351 of 2023(2) dt.21-07-2023 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with K. Nagar P.S. Case No. 112 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father, Md. Samir.

8. However, it is made clear that in the event, if the Investigating Officer files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself when required, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

9. It is further made clear that if charge-sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall not be acted upon.

10. Let a copy of this order be communicated to the concerned PS through the learned trial court. (Satyavrat Verma, J) Rishi/- U T