Md. Sajid @ Sajid Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38655 of 2025 Arising Out of PS. Case No.-482 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Md. Sajid @ Sajid Khan S/o Md. Sahid R/o Village- Chhoti Talab, P.S.- Pakribarwan, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Pakribarawan P.S. Case No. 482 of 2024 dated 23.10.2024, instituted for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The allegation is of recovery of one country made pistol and three live cartridges from house of co-accused, Tabis Khan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the alleged articles were recovered from the house of co-accused, Tabis Khan, who made a disclosure that the petitioner has handed over the said articles

Patna High Court CR. MISC. No.38655 of 2025(2) dt.25-06-2025 2/3 to him to keep the same in his house, due to which the petitioner has been made accused in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Pakribarawan P.S. Case No. 482 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- II, Nawada, subject to condition as laid down under Section 482(2) of the B.N.S.S. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation,

Patna High Court CR. MISC. No.38655 of 2025(2) dt.25-06-2025 3/3 preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Sankalp/- U T