Salim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49387 of 2014 Arising Out of PS.Case No. -324 Year- 2013 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Salim Ansari, Son of Jama-Luddin Ansari, Resident of Village-Madani Nagar, House No-10/107,P.S-Gangaghat,District-Unnaw,(Uttar Pradesh) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.49997 of 2014 Arising Out of PS.Case No. -324 Year- 2013 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Ekram, son of Salam Resident of village - Suklaganj, Chhaya Khambha, Police Station - Gangaghat, District - Unnaw, ( Uttar Pradesh ) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.49387 of 2014) For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : A.P.P.
(In Cr.Misc. No.49997 of 2014) For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
03-03-2015 In both cases, petitioners have prayed for grant of bail in connection with Shikarpur P. S. Case no.324 of 2013 registered for the offence under Sections 25(1-b) a/26/35 of the Arms Act and, as such, both petitions were taken up together and are being disposed of by this common order.
From the possession of petitioner Salim Ansari (in
Patna High Court Cr.Misc. No.49387 of 2014 (2) dt.03-03-2015 2/3 Cr.Misc.No.49387 of 2014), it was alleged that one loaded country made pistol was recovered besides mobile and from possession of petitioner Md. Ekram (in Cr.Misc.No.49997 of 2014), two live cartridges were recovered. Both petitioners were apprehended by the villagers on an accusation of Kidnapping and, as such, on the same day two F.I.Rs were lodged; one for recovery of arms i.e. Shikarpur P.S. Case No.324 of 2013 (present case) and another case was lodged i.e. Shikarpur P.S. Case No.323 of 2013 registered for the offence under Sections 364A, 120B/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that both petitioners are in custody right from the date of F.I.R. i.e. 25.09.2013. Learned counsel for the petitioners has produced a copy of the order passed by a Bench of this Court on 18.06.2014 in Cr.Misc.No.24956 of 2014, whereby a Bench of this Court has granted bail to both the aforesaid petitioners in connection with Shikarpur P.S. Case No.323 of 2013.
Keeping in view the fact that petitioners have already been granted bail in Shikarpur P.S. Case No.323 of 2013 as well as the fact that they have remained in custody for considerable period, let both petitioners, namely, (i) Salim Ansari ( in Cr.Misc.No.49387 of 2014 and (ii) Md. Ekram ( in Cr.Misc.
Patna High Court Cr.Misc. No.49387 of 2014 (2) dt.03-03-2015 3/3 No.49997 of 2014) be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K.Pathak, learned Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P.S. Case No.324 of 2013.
(Rakesh Kumar, J) NKS/- U