Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37070 of 2017 Arising Out of PS.Case No. -828 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Akbar son of Abdul Ahad, Resident of Mohalla- Mirshiksha Tola, Ward No. 28, Police Station and District- Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rama Nand Poddar, Advocate For the Opposite Party : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 25(1-b)(a)/26 Arms Act and sections 3⁄4 of the Explosive Substance Act.

It is alleged in the FIR that on information given by the petitioner to the police, some arms and explosive substances were recovered from the northern side of campus of Jabitara Devi. Said Jabitara Devi denied knowledge of said articles recovered from her house. In course of investigation, petitioner was made accused on the basis of his confessional statement.

Submission has been made on behalf of the petitioner that in fact he gave information to the police and so he should have been the informant but he has been made accused on extraneous consideration and on such false implication he is in custody since

Patna High Court Cr.Misc. No.37070 of 2017 (2) dt.10-08-2017 2/2 24.03.2017, though co-accused Md. Samshad @ Md. Shamshad @k Md. Samshad Alam has already been allowed bail by a Bench of this Court vide order dated 11.07.2017, passed in Cr.Misc.No.31285 of 2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Araria Police station Case No. 828 of 2016.

(Madhuresh Prasad, J) Shashi.

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