Md. Ekbal Ansari @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27984 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Md. Ekbal Ansari @ Bhola son of Md. Ajim @ Md. Ajim Ansari Village -Chhet Bakhri P.S- Kalyanpur District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 294 of 2024 instituted for the offence under Sections 310(4), 310(5) & 310(6) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26 & 35 of the Arms Act. 3.

As per prosecution case, police on a tip off regarding assembly of anti-social elements conducted a raid and apprehended accused persons, including the petitioner. On search, there is recovery of one country made pistol and two live cartridges from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-11-2024. Petitioner

Patna High Court CR. MISC. No.27984 of 2025(2) dt.29-04-2025 2/3 bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner has no concern with the recovered arms. There is no compliance of Section 103 of the BNSS, 2023. Police after completion of investigation has submitted charge sheet in this case. Other coaccused has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 03-04-2025, passed in Cr. Misc. No. 17510 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case No. 294 of 2024, subject to the following

Patna High Court CR. MISC. No.27984 of 2025(2) dt.29-04-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T