Md. Azam @ Md. Wali Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83393 of 2024 Arising Out of PS. Case No.-208 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== Md. Azam @ Md. Wali Azam S/o- Late Md. Sahangir @ Jahagir R/VMirzapur Bardah PS- Mufassil Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 25(1-A), 25(1-AA), 25(1-B)a, 26(i)(ii) and 35 of Arms Act.

3.

As per allegation, 40 pieces of semi-manufactured arms, one country-made pistol along with three live cartridges were recovered from a four-wheeler vehicle. Driver of the vehicle, namely, Tipu Javed was arrested who disclosed that petitioner is involved in purchasing and selling of illegal fire arms. 4.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever

Patna High Court CR. MISC. No.83393 of 2024(2) dt.24-01-2025 2/2 taken place. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. Charge-sheet has been submitted against the petitioner. He was not apprehended on the spot and his name transpired on the basis of apprehended coaccused Tipu Javed. He has no concern with recovered arms and ammunition. The petitioner has eight criminal antecedent in similar nature of offence as mentioned in para 3 of the bail application and has been languishing in custody since 03.06.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case, nature of offence, the above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Bariyarpur P.S. Case No. 208 of 2022. (Anjani Kumar Sharan, J) priyanka/- U T