Md. Nazim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34669 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Md. Nazim Alam, S/o Nayeem, Resident of Village- Madhura Paschim, Ward No. 13, P.S.- Narpatganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Narpatganj P.S. Case No. 188 of 2022 registered for the alleged offences under Sections 25 (1-B), 26 and 35 of the Arms Act.

As per prosecution case, on a tip about selling and purchase of illegal arms in the ground of a school, a raid was conducted and two persons were found playing with the pistol and on seeing the police, they hid the said pistol. Both of them were apprehended and the petitioner is one of the apprehended

Patna High Court CR. MISC. No.34669 of 2022(2) dt.23-09-2022 2/3 persons. From the joint possession of this petitioner and coaccused, a pistol was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from conscious possession of the petitioner. Moreover, the recovery has been shown from the joint possession, so it is not clear from whom the recovery has been made. Moreover, empty pistol is of no use. The witness no.2, namely Dharmendra Kumar Yadav is a co-villager of the petitioner and who is on inimical terms and at his instance, the petitioner has been falsely implicated in this case. Charge sheet has been submitted in this case and the petitioner is in custody since 28.04.2022 and is having clean antecedent.

Learned A.P.P. opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made hereinabove and considering the nature of recovery and further considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.34669 of 2022(2) dt.23-09-2022 3/3 Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 188 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T