Sheikh Tabrej @ Sk. Tabrez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48457 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- NAKARDEI District- East Champaran ====================================================== Sheikh Tabrej @ Sk. Tabrez S/O Shekh Maulat Resident of Village - Bhawanipur Bajar, P.S. - Nakardei, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25 (9), 25 (1-b) a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that the police received information that co-accused, namely, Abhishek Kumar along with two other persons were going to house on a bike and was carrying country-made pistol and knife. During checking of the vehicle, the said bike was stopped and two persons fled away leaving the bike. The said Abhishek Kumar was apprehended and from his possession a country made pistol was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.48457 of 2025(2) dt.08-08-2025 2/2 connection with the present case. It is further submitted that name of the petitioner has surfaced on the basis of the confessional statement of co-accused, Abhishek Kumar. Nothing has been recovered from his conscious possession. Further submission is that similarly situated co-accused has been extended the privilege of bail vide order dated 30.07.2025 passed in Cr. Misc. No. 47405 of 2025. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 19.04.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nakardei P.S. Case No. 53 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Raxual, East Champaran, Motihari.

(Ashok Kumar Pandey, J) Jagdish/- U T