Patna High CourtCR. MISC./25208/2020bail granted

Md. Ashique Ansari v. The State Of Bihar

2020-10-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25208 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== MD. ASHIQUE ANSARI Son of Ishrail Ansari Resident of Village - Dharma, P.S.- Gaighat (Benibad O P), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bindhyachal Singh Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Kudhni P.S. Case No. 612 of 2019, disclosing offences punishable under Sections 25(1-b)a,26,35 of the Arms Act. Three persons were apprehended by the police with huge cache of ammunition. From the petitioner's possession more than 700 cartridges were recovered whereas from his accomplishes also huge quantity of ammunitions were recovered on 15.09.2019. It is alleged in the First Information Report that the petitioner had attempted to flee away and in an attempt to jump from the vehicle, he had sustained injuries, whereafter he was admitted in a hospital.

Mr. Bindyachal Singh, learned counsel appearing on

Patna High Court CR. MISC. No.25208 of 2020(4) dt.19-10-2020 2/2 behalf of the petitioner has argued that though as per the First Information Report, the petitioner was apprehended on 15.09.2019, he was formally arrested on 13.10.2019, thereafter he was produced before the Magistrate and remanded to judicial custody. He has submitted that belated arrest of the petitioner create serious doubt over the case of the prosecution. He has further submitted that other co-accused persons have been allowed bail by this Court by an orders dated 20.08.2020 passed in Cr. Misc. No. 11082 of 2020 and 06.07.20 passed in Cr. Misc. No. 21647 of 2020.

Considering the facts that other co-accused persons have been allowed regular bail, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-3-cum-Sub Judge-3, Muzaffarpur in Kudhni P.S. Case No. 612 of 2019.

(Chakradhari Sharan Singh, J) arun/- U