Md. Rijwan Mansoori @ Md. Rijawan Mansuri @ Rijwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41838 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== MD. RIJWAN MANSOORI @ MD. RIJAWAN MANSURI @ RIJWAN SON OF MOHD. SAGIR MANSURI @ SAGIR MANSURI RESIDENT OF VILLAGE - LOHARI TOLA, HAL CHAKWA PUNARWAAS, WARD NO. 7, P.S. - BAIRGANIA, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bairgania P.S. case No. 295 of 2023 instituted for the offences under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., police on the basis of secret information apprehended two persons and recovered arms and

Patna High Court CR. MISC. No.41838 of 2024(2) dt.26-06-2024 2/3 ammunitions. The apprehended persons disclosed the names of other accused persons including the name of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of the confessional statements of the co-accused persons who were apprehended on the spot. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions nor any incriminating article has been recovered from his conscious possession. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairgania P.S. case No. 295 of 2023, subject to the conditions as laid down under

Patna High Court CR. MISC. No.41838 of 2024(2) dt.26-06-2024 3/3 Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T