Md. Faijul Rahman @ Faijiuur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40057 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Faijul Rahman @ Faijiuur Rahman Son of Late Md. Hafis Sayeed Resident of Mohalla - Medninagar, Police Station - Nathnagar, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Manoj Kumar For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Tatarpur P.S. Case No. 48 of 2024 lodge on 12.02.2024 under Section 420/467/468/471/34 of the Indian Penal Code and under Section 25(1)(a), 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the present petitioner with whom there is recovery of two magazine and 4 live cartridges.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that that the name of the petitioner has been figured
Patna High Court CR. MISC. No.40057 of 2024(4) dt.12-07-2024 2/3 in this case only by virtue of confessional statement of the accused. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 13.02.2024
5. Learned APP for the State opposes the prayer for bail and submits that it is true that the raid has initially been conducted in the house of the Md. Salaudding and Raja @ Tanvir Alam from whom possession different articles used in manufacturing of the guns has been recovered and vehicle subject to theft were recovered but it is also true that when police has conducted raid in the petitioner's house, two magazines and four live cartridges were recovered in the presence of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.
7. However, petitioner is at liberty that he may renew his prayer for bail six months after framing of charge. (Dr. Anshuman, J) Sunnykr/- U
Patna High Court CR. MISC. No.40057 of 2024(4) dt.12-07-2024 3/3