Md. Naim @ Md. Naim Sheikh @ Md. S. K. Naum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50503 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- RISIYAP District- Aurangabad ====================================================== Md. Naim @ Md. Naim Sheikh @ Md. S. K. Naum, S/o Late Hamid, R/o Khetpura, P.S.- Risiup, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Risiup P.S. Case No.46 of 2018 registered under Sections 323, 324, 504 and 506 of the Indian Penal Code besides Sections 25(1-b) a and 26 of the Arms Act.

The accusation is that on receiving information about quarreling in between the petitioner and Md. Asgar Ali, the informant along with other police officials reached at villageKhetpur, then saw that the petitioner was abusing to Md. Asgar Ali, showing the Sixer. On seeing the police party, the petitioner fled away to his house. While the petitioner was searched but he concealed himself in the house. On search of

Patna High Court Cr.Misc. No.50503 of 2018(2) dt.20-09-2018 2/2 the house of the petitioner, one Sixer and six live cartridges were recovered from there.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case at the instance of Md. Asgar Ali, showing the recovery of one Sixer and six live cartridges from his house, but the copy of the seizure list was not handed over to any family member of the petitioner. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Aurangabad, in connection with Risiup P.S. Case No.46 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T