Golu Ansari @ Rabbey Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18875 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BARHARIA District- Siwan ====================================================== Golu Ansari @ Rabbey Alam aged about 23 years (M) S/o Reyaz Ansari R/o Village- Mairwa, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Md. Fahimuddin A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Barharia P.S. Case No. 270 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

As per the prosecution case, on a secret information that some miscreants have assembled at the house of one Manoj Singh @ Langra, a raid was conducted and six miscreants, including this petitioner, were arrested on the spot and from possession of the petitioner, one loaded Katta alongwith cash of Rs. 11,000/- and one mobile phone was recovered. It is submitted that petitioner has been falsely implicated in this case. In fact, the police has filed this false case at the instance of enemies of the petitioner. Petitioner claims

Patna High Court CR. MISC. No.18875 of 2021(2) dt.09-07-2021 2/2 clean antecedent and he is in custody since 03.09.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Siwan in connection with Barhariya P.S. Case No. 270 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T