Md. Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4 of 2018 Arising Out of PS.Case No. -345 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Md. Anwar son of Md. Jamiluddin resident of village - Muskipur, P.S. Gogri, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Md. Musowir, Advocate. For the Opposite Party/s : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in Gogari P.S. Case No. 345 of 2017 (G.R. No. 2238/2017) registered under Sections 25(1-AA), 29, 31, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. inasmuch as he was not arrested from the alleged place where the police had conducted the raid. However, his name has transpired in the F.I.R. only because one of the accused, who was arrested from the said place, informed the police that the petitioner had taken him to one Chhabbu Chaurasia @ Chhabindra Chaurasia. It is further submitted that the petitioner has no criminal antecedent as the only case, which was earlier lodged against him, has resulted in his acquittal.

Patna High Court Cr.Misc. No.4 of 2018 (2) dt.11-01-2018 2/2 Nothing has been recovered from his possession so as to implicate him in the present case.

Learned A.P.P. representing the State opposed the prayer for bail.

Considering the facts and circumstances that the petitioner was not arrested from the place where the raid was conducted and nothing incriminating has been recovered from his possession, the allegation is only that he had connected one of the accused with one Chhabu Chaurasia, let the petitioner, namely, Md. Anwar, be released on bail on his furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, Distt. Khagaria in connection with Gogari P.S. Case No. 345 of 2017 (G.R. No. 2238/2017) subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T