Poma @ Md. Israil Rain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88153 of 2024 Arising Out of PS. Case No.-378 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.
Poma @ Md. Israil Rain S/o Md. Kalim @ Md. Kallu Rain R/o Islamnagar Road, Gaddi Dukan, P.s. and Distt.- Jamui 2.
Doma @ Kalim Rain @ Md. Kalim Rain S/o Md. Kalim @ Md. Kallu Rain R/o Islamnagar Road, Gaddi Dukan, P.s. and Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh For the Opposite Party/s :
Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code read with Section 25(1-b)a, 26 and 35 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and the informant alleges that on receiving information, the informant along with force reached the place of occurrence where they saw some miscreants sitting under a Pipal tree and on seeing the police, they started fleeing, but one person was arrested who disclosed
Patna High Court CR. MISC. No.88153 of 2024(2) dt.08-01-2025 2/3 his name as Taufique and from his possession a country made loaded pistol along with other articles and mobile were recovered, further the apprehended accused disclosed the name of the petitioners.
4. Learned counsel for the petitioners submits that petitioners are brothers and have been falsely implicated in the instant case by Taufique with whom they are on an inimical term. It is next submitted that a specific pleading has been made at Para-6 of the anticipatory bail application that Md. Taufique earlier had instituted Jamui P.S. Case No. 246 of 2023 dated 18.04.2023 under Section 307 of the IPC against the petitioners which is their antecedent also, as such, it does not appear probable that petitioners would have been in company of Taufique.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.88153 of 2024(2) dt.08-01-2025 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamui P.S. Case No. 378 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T