Abdulla Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1955 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- BAUGHAT District- Sheikhpura ====================================================== ABDULLA IMAM, S/o Ejaj Imam @ Hafiz Md. Ejaz Khan @ Hafiz Ejaz Imam, R/O Village-Arsar, P.S. And District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Baughat P.S. Case No. 03/2023 lodged on 19.08.2023 under Sections 25(1-A), 25(1-AA), 25(1-b)a/26(i)(ii) and 35 of the Arms Act.

3. As per the prosecution case, the police upon receiving the information to the effect that one accused namely, Md. Kaisar along with his associates indulged in the business of manufacturing illegal arms, raided the house of co-accused, Md. Kaisar. On seeing the police party, two persons started to flee away from the scene but were apprehended and they disclosed their names as Md. Kaisar and Abdulla Imam (present petitioner). On search being made, from the possession of the petitioner, a mobile phone has been recovered whereas from the house of co-accused Md. Kaisar, a machine belonging to a mini-gun factory has been

Patna High Court CR. MISC. No.1955 of 2024(2) dt.24-01-2024 2/2 recovered. Besides this, the other material by virtue of which the illegal arms are being prepared, have also been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the house of co-accused, Md. Kaisar. The petitioner is in custody since 19.08.2023 having no criminal antecedent. The chargesheet has already been submitted in this case.

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

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Sheikhpura, in connection with Baughat P.S. Case No. 03/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T