Md Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48169 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== MD SALAM Son of Md. Mustak Resident of Village - Bekapur, P.S.- Muffasil, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Gpalpur (Rangra) P.S. case No.75/2021 registered under Sections 25(1-AA), 25(1-b)a, 26(1)(11)/35 of the Arms Act. The prosecution case, in short, is that four country made pistols with magazine, three pieces of magazine and twenty pieces of live cartridges are recovered. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.48169 of 2021(2) dt.15-11-2021 2/2 case. Four country made pistols with magazine, three pieces of magazine and twenty pieces of live cartridges are said to have been recovered from the co-accused. The name of the petitioner has transpired in this case on confessional statement of the coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of arms from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Naugachia in connection with Gopalpur (Rangra) P.S. case No.75/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.