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Patna High CourtCR. MISC./38645/2021bail granted

Jashiro @ Zasir v. The State Of Bihar

2022-03-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38645 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== 1.

Jashiro @ Zasir Son of Deepak Ali Resident of Village - Gopalpur, P.S.- Bahadurganj, District - Kishanganj.

2.

Rehan Son of Jashiro @ Zasir Resident of Village - Gopalpur, P.S.- Bahadurganj, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 401, 413, 414 of the Indian Penal Code and Sections 25(1B)(1-AA), 26, 35 of the Arms Act. On information that some anti-social elements are creating nuisance, the police reached at the spot and arrested one Firoz Alam @ Baba from whose possession two automatic country made pistols, four magazines and seven live cartridges were seized. The arrested person disclosed the name of the petitioners as the persons who

Patna High Court CR. MISC. No.38645 of 2021(2) dt.21-03-2022 2/3 were the accompanion in purchasing and selling of illegal arms and fled away from the place of arrest.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. The petitioners were not arrested from the spot nor anything has been recovered from the conscious possession of the petitioners and only on the basis of confession of an arrested accused, the petitioners have been roped in the present case. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP for the State has opposed the prayer of bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No.

Patna High Court CR. MISC. No.38645 of 2021(2) dt.21-03-2022 3/3 66 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T