Nehnaz @ Mehnaz @ Nepali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51386 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Nehnaz @ Mehnaz @ Nepali S/o Nesar Ahmad Resident of village - Khawashpur, P.S. Basantpur, District - Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Mahammadpur P.S. Case No. 61 of 2016 for the offences instituted under Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.

The allegation against the petitioner is that he was also involved in the occurrence of assault along with other accused persons. It is further alleged that one loaded pistol was also recovered from the possession of the accused Kamran Khan. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. He has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.51386 of 2016 (2) dt.05-12-2016 2/2 witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by co-accused Kamran Khan. He has been implicated in the present case by coaccused due to previous enmity. There is no recovery of any arm from the conscious possession of the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahammadpur P.S. Case No. 61 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T