Shamim @ Shamim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59818 of 2021 Arising Out of PS. Case No.-435 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== SHAMIM @ SHAMIM ALAM S/o Sheikh Shobrat @ Sheikh Saheb R/o village- Semra Ghat, Ward No. 2, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr. Mohammad Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 399, 400, 402, 411, 413, 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. The prosecution allegation, in short, is that loaded arms and motorcycles are recovered from the accused persons. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Arms are said to have been recovered from the

Patna High Court CR. MISC. No.59818 of 2021(2) dt.22-12-2021 2/2 possession of the co-accused. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. There is no incriminating articles recovered from the possession of the petitioner. Except for this, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 435 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T