Sarfuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 511 of 2018 Arising Out of PS.Case No. -336 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sarfuddin Ansari S/o Sahid Miya @ Md Shahid Ansari, R/o Village- Kharg Pokharia Misrauli, P.S.- Chanpatia, District- West Champarn. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Sanjeev Kumar, Advocate For the S t a t e : Smt Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 25, 26, 35 of Arms Act.

First information report discloses that during routine patrolling, five persons including the petitioners have been apprehended. It is submitted by the counsel for the petitioner that even if the allegations in the first information report are taken to be true that the recovery of arms is attributed only to co-accused Bhola Mahto and Munna Ansari. He submits that no incriminating article has been recovered from his possession. Though he is an accused in another case, as disclosed in paragraph 3 of the application, but in the said case, he is on bail. In the

Patna High Court Cr.Misc. No.511 of 2018 (2) dt.10-01-2018 2/2 instant case, the petitioner is in custody since 09.09.2017. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Chanpatia Police Station Case No 336 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T