Gulab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21866 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== 1.

GULAB ANSARI Son of Late Md. Ekbal Ansari, Resident of VillageChampa Nagar, P.S. Nath Nagar, District- Bhagalpur. 2.

Md. Rizwan Ansari, Son of - Alamgir Ansari, Resident of Village- Champa Nagar Hasnabad, P.S. Nath Nagar, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the parties.

Earlier the bail of the petitioners was rejected vide order dated 14.12.2018 in Criminal Miscellaneous No. 66993 of 2018 with liberty to renew their prayer for bail after completing one year of Jail custody.

Petitioners seek bail in a case registered for the offence punishable under Sections 25(1)(a)/26(2)/35 of the Arms Act. Allegation is of recovery of 40 pieces of half manufactured pistol and two mobile phones from the possession of petitioners.

It has been submitted on behalf of the petitioners that petitioners are in custody since 13.03.2018 and petitioners have

Patna High Court CR. MISC. No.21866 of 2019(2) dt.17-04-2019 2/2 got no criminal antecedent and they have completed more than one year of Jail custody.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sessions Trial No. 112 of 2018 arising out of Kiul Rail P.S. Case No. 51 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U