Mohd. Rizwan @ Md. Rizwanul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70914 of 2024 Arising Out of PS. Case No.-393 Year-2024 Thana- GANDHIMAIDAN District- Patna ====================================================== Mohd. Rizwan @ Md. Rizwanul Haque S/o Md. Inamul Haque @ Mohd. Arju R/o- Imambara Gali, Golghar Chauraha, Permanent R/o J.M.S.-64 4 Park Road ,P.S.-Gandhi Maidan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State

2. The petitioner is apprehending arrest in connection with Gandhi Maidan P.S. Case No. 393 of 2024, lodged on 19.07.2024, under Sections 25(1-B)(i), 26 and 27 of the Arms Act.

3. As per the prosecution, an FIR has been lodged against unknown persons, alleging that they openly fired into the sky during the Julus.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offense. Counsel further submits that in the FIR, based on the disclosure of an unknown person, a young man wearing a white shirt has been identified as Mohd. Rizwan @ Md. Rizwanul Haque, who allegedly fled from the spot. Counsel further submits that the petitioner's antecedents are clean and his name has been figured

Patna High Court CR. MISC. No.70914 of 2024(3) dt.22-03-2025 2/2 in this case solely by virtue of providing his Aadhar card to the police upon request. Counsel also submits that the petitioner has unnecessarily made accused in the present case and he is ready to fulfill all the conditions whatsoever shall be imposed to him.

5. Learned APP for the State opposes the petitioner's bail application and fairly submits that the FIR was lodged against unknown persons and one of them has been identified as Mohd. Rizwan @ Md. Rizwanul Haque. However, during the investigation, no cogent evidence has been found.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of S.D.J.M., Patna, in connection with Gandhi Maidan P.S. Case No. 393 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U