Md. Wasim Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62148 of 2019 Arising Out of PS. Case No.-389 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== MD. WASIM MIYA S/o Samim Aktar R/o Mohalla- Hospital Road, Ganj No. 2, Ward No. 25, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-09-2019 This application, for grant of anticipatory bail, arises out of Bairiya P.S. Case No. 389 of 2018, disclosing offences under Sections 25(1)(B) (a)/26/35 of the Arms Act. Prosecution case is that police on secret information raided the place of occurrence and recovered arms and ammunition from co-accused, who disclosed the name of petitioner as the person, who succeeded in fleeing away. Submission of learned counsel for the petitioner is that the has no criminal antecedent and has falsely been implicated in this case and except confessional statement of coaccused, there is nothing against the petitioner. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is disposed of with direction to the petitioner to
Patna High Court CR. MISC. No.62148 of 2019(2) dt.30-09-2019 2/2 surrender in the court below within three weeks, on which, the court below shall release the petitioner on provisional bail for a period of two months, during which, period the court below shall verify the criminal antecedent of the petitioner and if it is found that except this case, petitioner is not an accused in any other case, he will confirm the provisional bail of the petitioner otherwise, he will cancel the provisional bail bonds of the petitioner and direct him to pray for regular bail. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T