Md Abul Kalam Ejaz @ Abul Kalam Ejaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57953 of 2021 Arising Out of PS. Case No.-103 Year-2010 Thana- JAMALPUR District- Munger ====================================================== Md Abul Kalam Ejaz @ Abul Kalam Ejaj Son Of Aslam Resident Of Mohalla - Topkhana Bazaar, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Harun Quareshi For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act and Section 17 of C.L.A Act. It is a case of recovery of cartridges from the vehicle which belongs to this petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has not been apprehended at the spot and one Arijul Islam @ Saiki was apprehended who told that the driver of the vehicle was Subhash Chandra Thakur and on search total 4750 cartridges were recovered and the name of the petitioner came into light vide para 252 of the case

Patna High Court CR. MISC. No.57953 of 2021(2) dt.04-04-2022 2/2 diary wherein co-accused Md. Munna stated that this petitioner is the owner of the vehicle. He further submits that the petitioner is not named in the FIR and the vehicle in question was released in favour of the petitioner which is evident from Annexure-3 to this petition. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger in connection with Jamalpur P.S. Case No. 103 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T