Md. Firoj @ Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48646 of 2025 Arising Out of PS. Case No.-147 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== Md. Firoj @ Firoj S/O Md. Sultan @ Sultan Ansari R/O Vill.- Bhawanipur Ward no. 12, P.S.- Parihar, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35, 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that Hasnain Mansoori was apprehended with pistol loaded with three live cartridges and one empty cartridge along with a pistol from a mango orchard apart from other articles as recorded in the FIR, the apprehended accused disclosed the name of the petitioner and Guljar and also disclosed that pistol of petitioner fell while fleeing.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48646 of 2025(2) dt.11-08-2025 2/3 petitioner has been falsely implicated in the instant case by the informant based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value. It is also submitted that petitioner was not present at the place of occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has antecedent of one case under Sections 394 and 34 of the Indian Penal Code. It is further submitted that no doubt confessional statement does not have any evidentiary value but then investigation of the case is in its nascent stages and in the event if the petitioner is granted the privilege of anticipatory bail, the petitioner may abscond, on which, the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.48646 of 2025(2) dt.11-08-2025 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parihar P.S. Case No.147/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Further, one of the bailors of the petitioner shall be his father, namely, Md. Sultan @ Sultan Ansari.

8. It is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

9. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence apart from confession, in that event, the present anticipatory bail order shall loose its effect.

(Satyavrat Verma, J) amit/- U T