Hakru @ Ekramul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55470 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Hakru @ Ekramul Haque Son of Islam Maur R/o Vill.- Bihar sarkar, Idgah tola,P.s.- K. Nagar, Srinagar, Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with K. Nagar (Srinagar) P.S. Case No. 124 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., police, during patrolling apprehended one person and recovered arms and ammunitions from the co-accused person.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has transpired on the basis of confessional statement of the co-accused person Mukesh Kumar

Patna High Court CR. MISC. No.55470 of 2024(2) dt.09-08-2024 2/2 Yadav. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions rather the recovery of arms and ammunitions has been made from co-accused peerson who was apprehended on the spot. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six 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 Court below/concerned Court in connection with K. Nagar (Srinagar) P.S. Case No. 124 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T