Ajmat Ansari @ Md. Ajmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2236 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== Ajmat Ansari @ Md. Ajmat Md. Islam R/o Vill-Kirtaul,P.S. Teghra,Distt.- Begusarai,Present Address-Vill-Akaha,P.S. Bakhari,Dist.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 At the very outset, this Court is dismayed to find that though FIR ought to have been registered under Section 25(1B)a and 27 of the Arms Act but it has been wrongly been recorded as 27(1b)a by the informant in the FIR and the same mistake has perpetuated in the order dated 20.11.2018 by Addl. District & Sessions Judge, Begusarai passed in B.A. No.1583 of 2018 as well as in the present application. It is imperative on the part of all concerned to be careful.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 06.04.2018 in connection with Gadhpura P.S. Case No. 34 of 2018 registered for the offences punishable under Sections 25(1b)a/27 of the Arms Act.

Patna High Court Cr.Misc. No.2236 of 2019(2) dt.17-01-2019 2/2 Prosecution case as per the FIR is that from the possession of the petitioner, one countrymade loaded pistol was recovered.

It is submitted by learned counsel for the petitioner that during investigation in five other cases in which he was not named in the FIR, the petitioner has been made accused. Learned A.P.P. has vehemently opposed the prayer for bail and submitted that recovery has been made from the petitioner.

Considering the nature of accusation and the period of custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Begusarai in connection with Gadhpura P.S. Case No. 34 of 2018 (Dinesh Kumar Singh, J) sanjeev/- U T