Md. Aftab @ Aftab @ Chippu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70309 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== MD. AFTAB @ AFTAB @ CHIPPU son of Md. Issrail @ Md. Israeel Village- Deen Dayal Road Gandhi Nagar W.No-6, Ps- Phulwaria DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Phulwaria P.S. Case No. 88 of 2023 registered for the offences punishable under Sections 25(1-b)a, 26 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant had received the secret information that some miscreants were made planning for commit theft in the train near Baruani Railway Station. After getting the information, the informant along with police party arrived there and apprehended one co-accused and on the basis of disclosure made by him, the informant along with other police personnel raided the house of the petitioner. On search, several illegal fire arms and ammunition have been

Patna High Court CR. MISC. No.70309 of 2023(3) dt.31-01-2024 2/2 recovered from his house.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No any incriminating article has been recovered from the physical possession of the petitioner. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The house of the petitioner is inhabited by other persons also and he had no knowledge of keeping of the recovered pistols and cartridges in the house. Petitioner has four criminal antecedents as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of case as well as the criminal antecedents of the petitioner, I am not inclined to enlarge the him on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T