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Patna High CourtCR. MISC./47785/2017bail granted

Kayum Ansari @ Kayumuddin Ansari And ORS v. The State Of Bihar

2017-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47785 of 2017 Arising Out of PS.Case No. -344 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Kayum Ansari @ Kayumuddin Ansari, S/o Late Asgar Ansari,

2. Saddam Ansari,

3. Sonu Ansari Both Sons of Muslim Ansari, R/o Vill.- Khanaon, P.S.- Bhabua, District- Kaimur at Bhabua.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Tribhuwan Narayan, Advocates. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 17.06.2017 in connection with Bhabua P.S. Case No. 344 of 2017, G.R. No. 1374 of 2017 for the offences alleged under Sections 25(1-a), 26 II, 35 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated and according to the seizure list the recovery of incriminating articles has been made from the house of co-accused Muslim Ansari where the petitioner was merely found to be sitting. Similarly situated co-accused Ali Mohammad @ Ali Mohamad Ansari has been granted bail by this Court in Cr. Misc. No. 45120 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.47785 of 2017 (2) dt.18-10-2017 satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 344 of 2017, G.R. No. 1374 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/Chandran U T