Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24251 of 2020 Arising Out of PS. Case No.-553 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SADDAM S/O Md. Ali Hasan Resident of Hathsarganj, Hajipur, P.S. Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard Mr. Bhola Prasad, learned counsel for the petitioner and Mr. Damoadar Prasad Tiwary, learned A.P.P. appearing for the State through video conferencing. Petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 553 of 2019 registered for the offence under Section 25 (1-b) a / 26 / 35 of the Arms Act.

The allegation against the petitioner as per the First Information Report is that Police on the basis of information that some persons have committed dacoity at Belkunda and thereafter they were going towards Hajipur on their motorcycles proceeded towards that direction and found that on two motorcycles six persons were coming and when they were called to stop, they started firing upon the Police party and the Police after chase arrested two accused persons and four persons succeeded in fleeing away. Police recovered fire arms from the arrested co- accused persons namely, Raja @ Prince and Rahul Kumar Singh.

Patna High Court CR. MISC. No.24251 of 2020(2) dt.29-09-2020 2/2 others has been disclosed by the arrested co-accused persons. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on the basis of confessional statement made before the Police by the arrested co-accused persons. Learned counsel further submits that for the same occurrence two F.I.Rs. have been lodged and petitioner has been implicated in both the case inasmuch as another F.I.R. has been lodged vide Hajipur Sadar P.S. Case No. 552 of 2019. Learned counsel further submits that petitioner has got no criminal antecedent and no evidence has come against the petitioner during the course of investigation.

Having regard to the submission made by the parties , taking into consideration the materials available on record and the offence, which is serious in nature and custodial interrogation of the petitioner may be necessary, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition is rejected.

(Anil Kumar Sinha, J) praful/- U T