Amin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62768 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Amin, Son of Tajuddin, Resident of Village- Darsana Chapkol Ward No. 4, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Jokihat P.S. Case No. 16 of 2017 registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 25(1-b)A/26/35 of the Arms Act.

Allegedly, two co-accused persons were arrested with fire arm and cartridge. They have stated that the petitioner, being there, succeeded in fleeing away.

Submission is of false allegation that nothing has been recovered from possession of the petitioner. The petitioner has got no concern with those co-accused persons, due to enmity the petitioner has been implicated by those co-accused persons.

Patna High Court Cr.Misc. No.62768 of 2017 (2) dt.29-01-2018 2/2 The petitioner has no concern with the alleged occurrence. He has got no criminal antecedent and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail of the petitioner by submitting that two arrested co-accused persons took the name of the petitioner.

In the facts and circumstances stated above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 16 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) khushbu/- U T