Manjar Alam @ Anna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57414 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Manjar Alam @ Anna Son of Abdul Kalam @ Kalam Miyan R/V- VillageKalibag, Ward No. 13, P.S.- Bettiah Nagar, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Bettiah Muffasil P.S. Case No. 302 of 2024 instituted for the offence under Sections 399, 402 & 414 of the Indian Penal Code and Sections 25(1-B)(a), 26 & 35 of the Arms Act. 3.

Prosecution case in short is that on secret information police party reached at the place of occurrence and apprehended six accused persons. On search, there is recovery of one loaded country made pistol from the possession of the co-accused, namely, Himanshu Kumar, one country made pistol and motorcycle from the possession of the co-accused, namely, Sahebjaan, one bore magazine of pistol from the

Patna High Court CR. MISC. No.57414 of 2024(3) dt.20-09-2024 2/3 possession of co-accused, namely, Bholi Mukhiya and one cartridge & motorcycle were recovered from co-accused, namely, Anand Kumar.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that petitioner was neither part of any group of goons nor he knows anything about the co-accused persons. Nothing has been recovered from the possession of the petitioner. Petitioner has neither concern with the recovered arms, nor concern with the motorcycle. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has been submitted in this case. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.57414 of 2024(3) dt.20-09-2024 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah Muffasil P.S. Case No. 302 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T