Erfan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29882 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- TARAIYA District- Saran ====================================================== ERFAN ANSARI S/O Halim Ansari @ Salim Ansari, R/O Village- Andhwari Dumari P.S.- Taraiya, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2019 Heard both sides.

The petitioner apprehends his arrest in Taraiya P.S. case No. 84 of 2018 registered under Section 307, 353, 413, 414,34 of the IPC and u/s 25(1-b)/27 of Arms Act. The informant, S.H.O. Taraiya P.S., disclosed that he got information that a meeting is being held at the house of Sunil Kumar Mahto and Sunil Kumar Mahto and his friends are planning to commit cognizable offence. On such information, a raid was conducted at the cattle shed of Sunil Kumar Mahto. Sunil Kumar Mahto managed to flee away. Akhilesh Kumar Mahto and Santosh Singh were apprehended who disclosed the name of petitioner and Deepak Sharma, who managed to flee away.

The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. The recovered motor cycle belonged to the family members of Akhilesh Kumar Mahto. Sunil Kumar Mahto on whose cattle shed meeting is said to have been going on has

Patna High Court CR. MISC. No.29882 of 2019(2) dt.07-05-2019 2/2 already been granted anticipatory bail by a coordinate bench of this court vide order 23.07.2018 passed in Cr. Misc. No. 42014 of 2018. Deepak Kumar Sharma has also been granted anticipatory bail vide order dated 23.01.2019 passed in Cr. Misc. No. 78967 of 2018 and the case of petitioner stands on better footing.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that similarly situated accused Sunil Kumar Mahto and Deepak Kumar Sharma have already been granted anticipatory bail, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IX, Saran at Chapra in connection with Taraiya P.S. case No. 84 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T