Nawsad Ansari @ Naushad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11408 of 2022 Arising Out of PS. Case No.-303 Year-2020 Thana- RAJPUR District- Buxar ====================================================== NAWSAD ANSARI @ NAUSHAD ANSARI Son of Mainuddin Ansarhi Resident of Village - Paliya, P.s.- Rajpur, Distt.- Buxar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 303 of 2020, for the offence punishable under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that on 16.12.2020, accused persons named in the F.I.R., including the petitioner, surrounded the informant asked about his nephew. At that time, petitioner given pistol to co-accused Santosh Paswan, who fired upon the informant. The informant anyhow saved himself and managed to escape from there.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.11408 of 2022(2) dt.09-03-2022 2/3 submits that the only allegation against the petitioner is that he had supplied pistol to co-accused Santosh Paswan, who fired upon the informant. He further submits that from the impugned order, it appears that the injuries found on the person of informant is simple in nature caused by gunshot bullet. The petitioner is in custody since 24.02.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-V, Buxar in connection with Rajpur P.S. Case No. 303 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.11408 of 2022(2) dt.09-03-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T