Md.Chunnu @ Md.Tarikh Anwar vs The State Of Bihar
2021 Latest Caselaw 3828 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 16312 of 2021
    Arising Out of PS. Case No.-251 Year-2020 Thana- KHARHAGPUR District- Munger
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Md.Chunnu @ Md.Tarikh Anwar, Male, aged about 35 years, Son of Late Md. Sadho @ Md. Sadic, Resident of Village/Mohalla-Mirzapur, Bardah PS Mufassil, District-Munger.

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

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

 For the Petitioner/s    :       Mr. Sanjiv Kumar Singh, Advocate
 For the State           :       Mr. Shantanu Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-07-2021

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

27.07.2021, which was allowed.

3. Heard Mr. Sanjiv Kumar Singh, learned counsel for

the petitioner and Mr. Shantanu Kumar, learned Additional Public

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

4. The petitioner apprehends arrest in connection with

Kharagpur (Shampur) PS Case No. 251 of 2020 dated 22.09.220,

instituted under Sections 25(1-A), 25(1-AA), 25(1-B)(a) and 26(1)

and 35 of the Arms Act, 1959.

Patna High Court CR. MISC. No.16312 of 2021 dt.30-07-2021

5. As per the FIR, police received secret information on

22.09.2020 that Ashok Bind along with some of his associates was

manufacturing illegal arms in village Ramgiriya Hill and when

they went to the place, three persons, namely, Md. Aurangzeb,

Ashok Bind and Bajrangi Kumar were arrested and the persons

who had fled away were identified by the arrested persons, which

included the petitioner. It was submitted that except for the

statement of the co-accused who were caught, that too before the

police, there is nothing to connect the petitioner to the firearms,

semi-finished firearms as also materials for manufacture of arms,

which have been recovered from the spot. It was contended that

the petitioner has been falsely implicated due to extraneous

considerations as no independent witness has come forward to say

that the petitioner was also at the spot. It was submitted that the

petitioner has no other criminal antecedent.

6. Learned APP submitted that there has been recovery

of firearms, semi-finished firearms as well as manufacturing

equipment which shows that an illegal gun factory was being run.

However, it was not controverted that the name of the petitioner

has transpired only from the confessional statement of the arrested

three persons before the police.

Patna High Court CR. MISC. No.16312 of 2021 dt.30-07-2021

7. Having considered the facts and circumstances of the

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

finds force in the contentions of learned counsel for the petitioner.

Accordingly, 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 Additional Chief Judicial Magistrate,

IVth, District- Munger in Kharagpur (Shampur) PS Case No. 251

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

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (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.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent Patna High Court CR. MISC. No.16312 of 2021 dt.30-07-2021

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

8. 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.

9. The petition stands disposed of in the aforementioned

terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T