Aftab @ Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30387 of 2024 Arising Out of PS. Case No.-581 Year-2023 Thana- KOTWALI District- Munger ====================================================== Aftab @ Md. Aftab Alam Son Of Late Murshid @ Md Murshid Alam Resident Of Village / Moihalla - Mirzapur Bardhey, P.S. - Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Singh, Adv For the Opposite Party/s :

Mr. bhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kotwali P.S Case No. 581 of 2023 dated 11.12.2023 registered for the offence punishable u/s 25(1-B)a, 26 (I) (ii), 35 of the Arms Act.

3. As per the prosecution case, seven pen pistol were recovered from Md. Jamshed Nafrat and cash of Rs. 1,90,000/- recovered from possession of one Bilal and fourteen rounds live cartridges were recovered from the possession of Arman Mandal. The allegation is that apprehended accused persons disclosed that these pen pistols were given to Jamsher @ Nafru by his friend Aftab (petitioner).

Patna High Court CR. MISC. No.30387 of 2024(2) dt.20-05-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Munger, in connection with Kotwali P.S Case No. 581 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T