Sameer Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82620 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Sameer Khan S/O Manjoor Khan @ Babloo Khan R/O Muhalla - Teen kothiya, Near Hanuman Mandir , Pakki Sarai , P.S -Mithanpura District Muzaffaprpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

3. Allegedly petitioner is said to be involved in illicit arms trade.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. His name has been transpired in the present case on the basis of the confessional statement of

Patna High Court CR. MISC. No.82620 of 2024(2) dt.11-12-2024 2/2 his step mother, who was apprehended on the spot. The real fact of the matter is that the petitioner does not have a cordial relations with her step mother due to which she took his name only with a view to jeopardize his career. Learned counsel further submits that petitioner is a businessman engaged in food processing business and he has no criminal antecedent as mentioned in para 3 of the bail application.

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

6. Having regard to the facts and circumstances of the case, since petitioner has no criminal antecedent of similar nature of offence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Mithanpura P.S. Case No. 237 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.

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