Md. Aman @ Aman Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49172 of 2024 Arising Out of PS. Case No.-25 Year-2019 Thana- KOPA District- Saran ====================================================== Md. Aman @ Aman Ansari son of Mehandi Hasan @ Mehandi Ansari Mohalla - Nai Bazar, Ps- Bhagwan Bazar Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Srivastva, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kopa P.S. Case No. 25 of 2019 registered under Sections 414/34 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.
3. It is alleged that on 19.2.2019, at about 6:00 P.M., informant along with other police personnel were checking vehicle. In the meantime, two persons were coming on a motorcycle and when they saw the police party, they tried to flee away, but on chase, they were apprehended, who told their names as Mantazir Khan @ Monu Khan and Musharraf Hussain @ Mubarak Hussain. On search, a live cartridge was recovered from Mantazir Khan and cash of Rs. 8700/- was recovered from Musharraf @ Mubarak Hussain. The accused persons confessed that they supply illegal arms and the recovered money is the sale money of illegal arms.
Patna High Court CR. MISC. No.49172 of 2024(2) dt.07-08-2024 2/2
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is not named in the First Information Report. The name of the petitioner has come merely on confessional statement of co-accused Mantazir Khan. Nothing has been recovered from the conscious possession of this petitioner. The petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No. 25 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T