Md. Jamal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26149 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- KATIHAR District- Katihar ====================================================== Md. Jamal, son of Md. Allauddin R/o Village- Mirtola, Kumaripur, P.S.- Manihari, District- Katihar ... ... Petitioner
Versus
The State of Bihar, ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Katihar Town P.S. Case no. 69 of 2019, registered under Section 25(1-B)A, 26 and 35 of the Arms Act.
The accusation is that in course of raid, one loaded pistol, one loaded katta and empty magazine recovered from the bed of Kishor Singh, similarly, one loaded country made pistol containing five live cartridges from the possession of Arnab Kumar, whereas, one pistol magazine containing four live cartridges recovered from Chandan Rai. At that time, accused Chandan Rai disclosed before the Police that petitioner and one Sonu Jha fled away on seeing the Police personnel. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.26149 of 2019(2) dt.24-04-2019 2/2 petitioner has no criminal antecedent and his name has been surfaced on confessional statement of co-accused Chandan Rai. Further submission is that nothing was recovered from the possession of the petitioner.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 69 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T