Ashique Ansari @ Mohammad Ashiq Ansari @ Aashik Anshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30268 of 2020 Arising Out of PS. Case No.-160 Year-2018 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== ASHIQUE ANSARI @ MOHAMMAD ASHIQ ANSARI @ AASHIK ANSHARI Son of Late Md. Isarail Resident of Village- Tharama, Nanhakar, Saraiya (Dharma Kothi) P.S.- Gayaghat (Beniwad O.P.), DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Rajesh Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Rail P.S. Case No. 160 of 2018, registered for the offence punishable under Sections 25(1-AA), 26(2) and 35 of the Arms Act.

Patna High Court CR. MISC. No.30268 of 2020(2) dt.24-11-2020 2/3 The allegation is regarding recovery of huge quantity of cartridges from the co-accused person and upon his confessional statement, the complicity of the petitioner has transpired in the present case.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 28.11.2019. It is further submitted that no recovery has been made from the conscious possession of the petitioner herein.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.30268 of 2020(2) dt.24-11-2020 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM (Railway) Sonpur (Saran) in connection with Muzaffarpur Rail P.S. Case No. 160 of 2018.

(Mohit Kumar Shah, J) Ajay/- U T