Patna High Court - Orders
Arshe Alam @ Arse Alam vs The State Of Bihar on 26 July, 2024
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46743 of 2024
Arising Out of PS. Case No.-267 Year-2023 Thana- JADIA District- Supaul
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Arshe Alam @ Arse Alam SON OF FASIUR RAHMAN VILLAGE-
MAHRAMPUR, PS- JADIYA, DIST- SUPAUL
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Chandan Kumar, Adv.
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
2 26-07-2024Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Jadiya P.S Case No. 267 of 2023 dated 25.10.2023 registered for the offence punishable u/s 25 (1B)a/25(1A)/25(1AA)/26/35 of the Arms Act.
3. As per the prosecution case, a raid was conducted at the house of the petitioner Arshe Alam and from the basement of his house lath machine and miling machine were found in running condition and four semi manufactured pistol of 7.65 mm and four barrel of pistol were recovered. From the north side of his house under the Tin-shed 16 semi manufactured pistol of 7.65 mm and 16 semi manufactured barrel of pistol Patna High Court CR. MISC. No.46743 of 2024(2) dt.26-07-2024 2/3 were also recovered. Further, one country made pistol, 12 live cartridges, one loaded pistol and 7 live cartridges were also recovered from the bed room of the co-accused.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The apprehended person disclosed the name of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 07.03.2024 passed in Cr. Misc. No. 17401 of 2024. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Supaul, in connection with Jadiya P.S Case No. 267 of 2023, subject to conditions as laid down under section 438(2) of the Patna High Court CR. MISC. No.46743 of 2024(2) dt.26-07-2024 3/3 Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/-
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