Md. Abrar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80018 of 2018 Arising Out of PS. Case No.-256 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Md. Abrar son of Late Md. Aslam, resident of village-Adampur, Police Station-Goraul, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Goraul P.S. Case No.256 of 2018 registered under Section 393 of the Indian Penal Code and Section 25 (1-b)A and 26 of the Arms Act.

Petitioner is said to have tried to snatch the motorcycle of the informant on the point of pistol and was apprehended along with country made pistol by the locals and produced before the police.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.80018 of 2018(2) dt.18-01-2019 2/2 old animosity. The petitioner was neither apprehended on the spot nor any incriminating article was recovered from his conscious physical possession. The aforesaid arms was not recovered or seized by the police rather by the locals and produced before the police. More over no cartridge was recovered from the possession of the petitioner and without cartridge arms is of no use. The petitioner has been languishing in custody since 13.08.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No.256 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T