Islam @ Islam Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85219 of 2019 Arising Out of PS. Case No.-425 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Islam @ Islam Miya S/o Mobarak Miya @ Mobarak Ansari @ Mobarak Miyan R/o village- Jamuniya Babu Tola, P.S.- Jagdishpur, Distict- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Recovery of fire arm and cartridge are alleged from the possession of co-accused Arbaz Alam and Nitish Kumar who were apprehended by the police. They disclosed the name of others including the petitioner. Petitioner has got no criminal antecedent.

Submission is that besides the statement of coaccused before the police, there is no other material against the

Patna High Court CR. MISC. No.85219 of 2019(2) dt.07-01-2020 2/2 petitioner.

Considering the aforesaid fact, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Bettiah (Town) P.S.Case No.425 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) B.Kr./- U T