Md. Tabrej v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3894 of 2021 Arising Out of PS. Case No.-274 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== MD. TABREJ SON OF MD. HAIDAR RESIDENT OF VILLAGE - BASTI SAHARSA, WARD NO 31, P.S. - SAHARSA, DISTRICT - SAHARSA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No.274 of 2020 registered for the offence punishable under Sections 399 402 34 of the IPC and sections 25(1-b) A 26 35 of the Arms Act.
The prosecution case in short is that the police after receiving secret information apprehended this petitioner along with other accused persons and recovered one country made loaded pistol.
Patna High Court CR. MISC. No.3894 of 2021(2) dt.22-03-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. The entire prosecution case is false, concocted, baseless and no such occurrence as alleged ever took place. No incriminating article has been recovered from his conscious physical possession. The petitioner and his friends were returning after dinner at night and in the midway the police arrested them on mere suspicion and remanded them in false case. The petitioner has no criminal antecedent and has been languishing in custody since 21.03.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Saharsa Sadar P.S. Case No.274 of 2020.
(Anjani Kumar Sharan, J) pallavi/- U T