Babar @ Ashadullah Khan @ Arshadullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62221 of 2021 Arising Out of PS. Case No.-232 Year-2018 Thana- AMAS District- Gaya ====================================================== BABAR @ ASHADULLAH KHAN @ ARSHADULLAH KHAN Son of Sabaullah Khan Resident of Village - Hamzapur, P.S.- Amas, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Amas P.S. Case No. 232 of 2018 for the offence registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act. The allegation is regarding the police having received secret information that some miscreants were conspiring to commit crime whereafter the police force had reached at the place of occurrence and arrested four persons. It is also alleged that upon search, one loaded country made pistol was recovered from the possession of the co-accused person, namely, Chand Alam and some live cartridges were recovered from the other co-accused persons. It is also alleged that the said arrested coaccused persons had disclosed the name of the petitioner to be

Patna High Court CR. MISC. No.62221 of 2021(2) dt.01-04-2022 2/3 the miscreant who had fled away from the spot upon seeing the police force.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 07.04.2021. The learned counsel for the petitioner has further submitted that the petitioner has been implicated in the present case merely on suspicion inasmuch as neither any incriminating articles nor any looted articles have been recovered from the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has neither been arrested from the spot nor any illicit arms have been recovered from him nor any looted articles have been recovered from the petitioner apart from the fact that the petitioner is having a clean antecedent and he is languishing in custody since one year, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Patna High Court CR. MISC. No.62221 of 2021(2) dt.01-04-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheghati (Gaya) in connection with Amas P.S. Case No. 232 of (Mohit Kumar Shah, J) S.Sb/- U T