Md. Tammane @ Tamanne v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56444 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -BELSAND District- SITAMARHI ====================================================== Md. Tammane @ Tamanne Son of Md. Amsul @ Amsul Resident of Village-Pandarahi, P.S.-Belsand, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Belsand P.S. Case No. 120 of 2018 for offences alleged under Sections 25 (1-B) a/26/35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that during course of vehicle checking two motorcycles were intercepted. On one motorcycle, the petitioner along with another co-accused were seated and in another motorcycle another co-accused was seated and were stopped by the police. One country made pistol along with one live cartridge was recovered from the possession of Md. Banne and one country made pistol was found in the possession of the petitioner and

Patna High Court Cr.Misc. No.56444 of 2018 (2) dt.10-10-2018 2/2 another co-accused Jamsaid Mansoori but all of them managed to flee away. Accordingly, a seizure list was prepared of the pistol and cartridge recovered from co-accused Md. Banne. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that it is only a statement by the informant of having seen the country made pistol in the possession of the petitioner but no recovery has been made. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sitamarhi in connection with Belsand P.S. Case No. 120 of 2018, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Nilu Agrawal, J) Devendra/Priyanka U T