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Patna High CourtCR. MISC./11924/2019disposed

Ashique Ansari@Mohammad Ashiq Ansari v. The State Of Bihar

2019-04-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11924 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== ASHIQUE ANSARI@ Mohammad Ashiq Ansari, S/o Md. Isarail, Resident of Village- Tharama Nanhakar, P.S.- Gayaghat, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr.Advocate with Mr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Muzaffarpur Rail P.S. Case No. 160 of 2018, registered for the offences punishable under Sections 25(1-AA), 26(2) and 35 of the Arms Act.

Allegation as per FIR is that at the time of checking of Awadh-Assam Express train one co-accused tried to flee away but he was apprehended, who disclosed the name of co-accused Md. Mahfooz Alam and on search of his bag, huge quantity of live cartridges and mobile phones were recovered. Submission of learned counsel for the petitioner is that he has no criminal antecedent and he has falsely been implicated at the instance of co-accused and nothing has been recovered from his possession or from his house.

Patna High Court CR. MISC. No.11924 of 2019(3) dt.29-04-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant the privilege of anticipatory bail to the petitioner. If petitioner surrenders and makes prayer for regular bail, the same shall be considered on the basis of materials available on the record, without being prejudiced by this order, and, if possible, to be disposed of on the same day.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T