Md. Momtaj Alam @ Momtaj Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51683 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -AGIAUN District- BHOJPUR ======================================================

1. Md. Momtaj Alam @ Momtaj Ali, Son of Late Israil, Resident of villageShivpur, P.S.- Agion (G), District- Bhojpur at Ara (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 25(1-b)26/35 of the Arms Act. It has been submitted on behalf of the petitioner that from the perusal of the F.I.R. itself it appears that nothing has been recovered from the possession of the petitioner. It has also been submitted that the petitioner has no criminal antecedent and he has falsely been implicated in this case.

Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and in view of the fact that the petitioner has not criminal antecedent and nothing has been

Patna High Court Cr.Misc. No.51683 of 2016 (3) dt.19-12-2016 recovered from the possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon (Garhani) P.S. Case No. 58 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case as and when required by the police.

(Vinod Kumar Sinha, J) A.I./- U