Md. Jakir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36945 of 2023 Arising Out of PS. Case No.-873 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Md. Jakir S/O Mubarak Ali @ Mubarak @ Md. Mubarak R/O VillageMungrar Ward No.-9, P.S- Jadia, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.
3. As per the prosecution case, there is allegation of recovery of illegal fire arm from the possession of co-accused and this petitioner ran away from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the F.I.R., co-accused, Md. Nausad Ansari, who was arrested at the spot along with other
Patna High Court CR. MISC. No.36945 of 2023(2) dt.08-08-2023 2/2 two co-accused has disclosed the name of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the fact that petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Supaul P.S. Case No. 873 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T