Md. Rabbbani @ Rabbani vs The State Of Bihar
2021 Latest Caselaw 3360 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 12095 of 2021
       Arising Out of PS Case No.-237 Year-2020 Thana- NANPUR District- Sitamarhi
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Md. Rabbani @ Rabbani, aged about 31 years, Male Son of Md. Bhikhari @ Md. Matin Ansari, Resident of Village - Raepur, PS- Nanpur, District- Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Uday Kumar, Advocate
 For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

08.07.2021, which was allowed.

3. Heard Mr. Uday Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Nanpur PS Case No. 237 of 2020 dated 28.06.2020, instituted

under Sections 25(1-B)a, 26 and 35 of the Arms Act, 1959.

5. The allegation against the petitioner, based on the

confessional statement of co-accused Rajkumar Sahni, who was Patna High Court CR. MISC. No.12095 of 2021 dt.13-07-2021

caught by the police along with firearms, is that he was also in the

group which was moving in Raepur Bazar with firearms.

6. Learned counsel for the petitioner submitted that the

person who was caught has taken the name of the petitioner

without there being any connection or any recovery made from his

house. Learned counsel submitted that the petitioner has clean

antecedent and furthermore, no incident has occurred and before

that the police had caught Rajkumar Sahni and it is alleged that

two persons, including the petitioner had managed to run away.

7. Learned APP submitted that the person who was

caught with firearms has named the petitioner as one of the

persons who was with him.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned SDJM, Pupri at Sitamarhi in Nanpur PS Case No. 237 of

2020, subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further, (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the Patna High Court CR. MISC. No.12095 of 2021 dt.13-07-2021

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, (iii) that the petitioner shall also give

an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses

and (iv) that the petitioner shall cooperate with the Court and the

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or failure to cooperate shall lead to

cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T