Ali Mohammad @ Mohammad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79835 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- LAUHIYANAGAR District- Begusarai ====================================================== Ali Mohammad @ Mohammad Ali S/O Bhaso miyan Resident of VillageTennua Kalan, P.S- Mirzapur, District- Mirzapur, Utter Pradesh. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 4/5 of the Explosive Substances Act, 1908.
3. As per prosecution case, while informant was conducting raid near Lohianagar overbridge rickshaw stand, he arrested one Rajkishore Kumar and during search, several explosive items were recovered from his bag. Petitioner is alleged to be supplier of the aforesaid explosive items.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired only on the basis of confessional statement of co-accused which has got no evidentiary value. Petitioner is not concerned with the alleged recovery and claims clean antecedent.
Patna High Court CR. MISC. No.79835 of 2024(3) dt.07-01-2025 2/2
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Lohiyanagar P. S. Case No. 74 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T