Md. Ashique @ Md. Ashique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35196 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== MD. ASHIQUE @ MD. ASHIQUE ALAM S/o- Late Sagir Alam R/o of Mohalla- Bagh Tola, Jadhua, P.S.- Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2021 Heard Mr. Nityanand Kumar, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learend APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ganga Bridge P.S. Case No. 42 of 2020 dated 01.06.2020 instituted for the offences under Sections 25(1-b)a/26/35 of the Arms Act. On secret information to the police that some persons are planning to commit some crime, a raid was conducted in the mango orchard of one Md. Hanif. Some persons were found sitting there and out of them two were arrested viz. Md. Sahil Ansari and Irfan Hussain. Nothing was recovered from the possession of Irfan Hussain but from the possession of Md. Sahil Ansari a country made pistol and some cartridges were recovered.

The aforesaid arrested persons disclosed before

Patna High Court CR. MISC. No.35196 of 2020(2) dt.24-03-2021 2/2 the police that sometimes before, while they were plucking mangoes from the orchard, they were beaten up by local persons and they had planned retaliate such action of the local persons.

Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR but his name has transpired only on the confession made by Md. Sahil Ansari referred to above.

There is no other material to connect the petitioner with the offence.

The petitioner does not have criminal antecedents.

Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 42 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T