Juber Ansari @ Md. Juber Ansari @ Jubair Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41132 of 2016 Arising Out of PS.Case No. -488 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Juber Ansari @ Md. Juber Ansari @ Jubair Ansari S/o Ushman Ansari Resident of Momin tola, Bairgachhi, PS & District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41664 of 2016 Arising Out of PS.Case No. -488 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Kamal Ansari @ Md. Kamal Ansari S/O Salim Ansari resident of Momin Tola, Bairgachhi, P.S. & District Araria.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.41132 of 2016) For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Parmeshwar Mehta (In Cr.Misc. No.41664 of 2016) For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2017 Heard the parties.

The petitioners seek regular bail in connection with Special Case No.26 of 2016 arising out of Araria (Bairgachhi) P.S.Case No.488 of 2016, registered for offences punishable under Sections 272 & 273 of the Indian Penal Code.

Allegation as per F.I.R. is that the police raided at the shop of the petitioners as well as one co-accused Bilal Ansari and from the shop of Bilal Ansari, 86 pieces of Rex-Cof DX 29 and 57

Patna High Court Cr.Misc. No.41132 of 2016 (7) dt.17-05-2017 2/3 pieces of Corex were recovered and the petitioner has no valid licence for selling these articles.

It is submitted on behalf of the petitioners that in both the cases nothing has been recovered from the shop of the petitioners. They have clean antecedent and remained in custody for more than nine months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact the petitioners have remained in custody for more than nine months, let the petitioners in both the cases (Juber Ansari @ Md. Juber Ansari @ Jubair Ansari and Kamal Ansari @ Md. Kamal Ansari), above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cum-Special Judge, Araria in connection with Special Case No.26 of 2016 arising out of Araria (Bairgachhi) P.S.Case No.488 of 2016. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

Patna High Court Cr.Misc. No.41132 of 2016 (7) dt.17-05-2017 3/3 With the aforesaid observation, these applications are allowed.

(Vinod Kumar Sinha, J) chn/- U