Lal Babu Mian @ Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4434 of 2020 Arising Out of PS. Case No.-171 Year-2018 Thana- DERNI BAZAR District- Saran ====================================================== LAL BABU MIAN @ AFTAB ALAM Son of Abbas Mian @ Md. Abbas Resident of Village- Harpur Parsa, P.S.- Parsa, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Derni P.S. Case No. 171 of 2018, registered under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of Durga Shah, Kundan Shah, Dilip Manjhi and Kariman along with some other miscreants in village-Khajauli to commit heinous crime, the informant along with other Police personnel reached there. On seeing the Police party, the persons present there started fleeing, but, on chase, one person was apprehended, who disclosed his name Durga Shah. On search, he was found in possession of one

Patna High Court CR. MISC. No.4434 of 2020(3) dt.29-05-2020 2/2 loaded country made pistol. On query, he disclosed that the country made pistol was supplied to him by this petitioner. Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended on the spot, rather, his name has been disclosed by co-accused Durga Shah to the effect that the alleged country made pistol as recovered from him was supplied by this petitioner. Further submission is that, in fact, petitioner is accused in several cases, as detailed in paragraph No.3, due to that reasons, the Police implicated the petitioner showing his name in the confessional statement of co-accused Durga Shah. The petitioner is in custody since 16.01.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.12th, Saran at Chapra in connection with Derni P.S. Case No. 171 of 2018.