Islam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27250 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== ISLAM ANSARI S/o Mubarak Ansari @ Mobarak Miyan R/o VillageJamuniya, P.S.- Jagdishpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-09-2021 Let the defects be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 399, 402 and 412 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Petitioner was apprehended along with co-accused Jahangir Ansari, however recovery of fire arm and cartridges was from Jahangir Ansari and no incriminating article was recovered from possession of the petitioner. Petitioner is in custody since 30.11.2020. Petitioner has got a long list of criminal cases against him.

Criminal antecedents would be a considerable ground

Patna High Court CR. MISC. No.27250 of 2021(2) dt.30-09-2021 2/2 to refuse the prayer for bail but cannot be only ground for refusal of bail. In this case there is no other material for further detention of the petitioner as under trial prisoner after completion of investigation, especially in absence of any material that the petitioner is going to tamper with the evidence. Hence let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Gopalpur P.S. Case No. 194 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T