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Patna High CourtCR. MISC./49016/2022allowed

Md. Sohail @ Sohail Alam v. The State Of Bihar

2022-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49016 of 2022 Arising Out of PS. Case No.-314 Year-2021 Thana- MAHESI District- East Champaran ====================================================== Md. Sohail @ Sohail Alam Son Of Md. Asif @ Ashique Ansari Resident Of Village - Dhargawan, P.S. - Mehsi (Jai Bajrang Chowk O.P.), District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 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(1B)a, 26, 35 of the Arms Act & Section 67(c) of the I.T. Act. The prosecution case in brief is that the informant received information during course of patrolling that the petitioner made a photo viral with pistol.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that during course of investigation this matter came in light that the aforesaid

Patna High Court CR. MISC. No.49016 of 2022(2) dt.15-12-2022 2/2 pistol was actualy a liter (Toy) and not an arms. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Mehsi P.S. Case No. 314 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T