Md. Afroj @ Doman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53603 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. AFROJ @ DOMAN S/O Late Md. Manoj Alam Resident of VillageMirzapur Barhad, Police Station- Mufassil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Munger Muffasil P.S. Case No.46 of 2022 instituted under Sections 25(1-b)a, 25(1-A), 26, 35 of the Arms Act. As per the prosecution story, the police upon secret information proceeded and saw five persons with a bag trying to escape. However the police was able to apprehended some accused persons who disclosed the name of this petitioner and further confessed that the pistol has been purchased from a village near 'Diyara'. Accordingly, the FIR was lodged. Learned counsel for the petitioner submits that neither nothing incriminating has been recovered from his house and only on account of confessional statement of co-accused, his name has been inscribed in the category of accused. Further,

Patna High Court CR. MISC. No.53603 of 2022(2) dt.17-01-2023 2/2 statement is that he was hospitalized for the said period. Learned APP on the other hand submits that the name has come in the confessional statement and also has criminal antecedent.

Be that as it may, his name has come in the confessional statement and will be co-operating in the investigation and will diligently appear in the trial, this Court is inclined to grant him bail subject to condition that the petitioner shall be visiting the concerned police station for next one year every fortnight to mark his attendance.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Munger Muffasil P.S. Case No.46 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan/ Ajay Singh U T