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Patna High CourtCR. MISC./64514/2023allowed

Nawaz Hussain @ Lallu Miya v. The State Of Bihar

2024-01-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64514 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== Nawaz Hussain @ Lallu Miya S/O Abid Hussain R/O Village- Girihinda Chawk, P.S- Sheikhpura, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratik Mishra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case in connection with Chewra P.S. Case No. 04 of 2023, registered for the offences punishable under Sections 25(1-B)a, 26(1), 27 of the Arms Act.

3. As per F.I.R., allegation against the petitioner along with other co-accuse is of firing upon the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got two criminal antecedents mentioned in Para 3 of the bail application in which he is on bail. He further submits that the petitioner is not named in the F.I.R. During, investigation after four months, the statement of informant was

Patna High Court CR. MISC. No.64514 of 2023(3) dt.19-01-2024 2/2 recorded by the police in which he took the name of the petitioner. No person was injured in the firing.

5. Learned APP for the State has opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case and also the fact that the statement of informant was recorded after four months, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Chewra P.S. Case No. 04 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T