IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5029 of 2025 Arising Out of PS. Case No.-12 Year-2008 Thana- AMBA District- Aurangabad ====================================================== Ainul Khan @ Ainul Miyan @ Gobindjee S/O Late Basiruddin khan R/O vill.- Gamhariya Tola Suryapura, P.O and P.s-Tandwa, Dist.- Aurnagabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Amba P.S. Case No. 12 of 2008 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act and Section 17 of the Criminal Law (Amendment) Act. 3. Prosecution case, in short, is that, police, on the basis of information that some members of naxalite were going to commit crime, intercepted a vehicle and recovered weapons and uniforms of Indian Army from the said vehicle whereas the members of naxalite managed to flee away. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Patna High Court CR. MISC. No.5029 of 2025(3) dt.28-04-2025 2/3 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.05.2024 and has three criminal antecedents. Learned counsel further submitted that other co-accused persons have already been granted bail by the learned court below. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that petitioner has three criminal antecedents of similar nature and, therefore, he may not be released on bail. 6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amba P.S. Case No. 12 of 2008, subject to the Patna High Court CR. MISC. No.5029 of 2025(3) dt.28-04-2025 3/3 following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Alok Verma/- (Rudra Prakash Mishra, J) U T