Md. Firoz v. The State Of Bihar

Patna High Court Cr.Misc. No.27106 of 2015 (3) dt.24-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27106 of 2015 Arising Out of PS.Case No. -121 Year- 2013 Thana -DHARHARA District- MUNGER ====================================================== Md. Firoz Son of Md. Jahangir Resident of Village- Mirzapur Bardah, Police Station- Mufassil, District Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Harun Quareshi For the Opposite Party : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 25(1-A), 25(1-b) and 26 of the Arms Act. It is alleged by the informant that on 15.07.2013 at about 6 A.M. on a secret information that some persons are manufacturing illegal arms on hill near village-Barmouni and used to sell the same in Naxlite and other criminals, constituted a raiding party and went there. He saw some persons manufacturing arms under a plastic Tirpal who seeing the police force started fleeing away.

It has been submitted that petitioner has falsely been implicated in the present case. There is no recovery from the conscious possession of the petitioner. Petitioner has been named

Patna High Court Cr.Misc. No.27106 of 2015 (3) dt.24-09-2015 accused in the present case merely on the basis of a secret information.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Sulekha Jha, Judicial Magistrate, Ist Class, Munger in connection with Dharhara P.S.Case No.121 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T