Md. Faizul Hassan Alias Mohammed Faizul Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50432 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Md. Faizul Hassan Alias Mohammed Faizul Hassan Son Of Mohammed Rahimullah R/O Village- Goabari, P.S.- Kundwa Chainpur, District- East Champaran At Present Residing At B 137. Road No.-B 8, Alinagar Colony, Mohalla- Anishabad, P.S.- Beur, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 25(9), 27, 30 and 35 of the Arms Act, 1959.

As per prosecution case, one co-accused Asif Jawed was seen open firing (Harsh firing) in a video clip. It is alleged that the firearm used by Asif Jawed was a licensed gun of this petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has been made accused in this case only on the basis of suspicion. Petitioner was neither

Patna High Court CR. MISC. No.50432 of 2022(2) dt.15-12-2022 2/2 present at the place of occurrence nor the gun is question was used in the celebratory firing.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sikrahna, Dhaka in Kundwa (Chainpur) P. S. Case No. 78 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T