Sonu Jain @ Irshad Ahmad Khan @ Irshad Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39159 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sonu Jain @ Irshad Ahmad Khan @ Irshad Ahmed Son Of Khurshid Ahmad Khan Residence Of Village - Kathalwari, P.S.- L.N.M.U., Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 399/402 of the Indian Penal Code and Section 25 (1-b)a/26/27/35 of the Arms Act.

As per FIR, petitioner along with other were making preparation for commit offence and they also fired upon the police party.

Learned counsel for the petitioners submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.39159 of 2021(2) dt.20-06-2022 2/2 case. He submits that the petitioner has been made accused on the basis of confessional statement of co-accused. He submits that no incriminating article has been recovered from the possession of the petitioner or the house of the petitioner. However, learned APP for the State opposes the prayer for bail and submits that petitioner is also involved in the present case.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Laheriasarai P.S. Case No. 112 of 2021.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day considering the fact that no incriminating article has been recovered from the possession of the petitioner.

(Anjani Kumar Sharan, J) devendra/- U T