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Patna High CourtCR. MISC./9512/2021allowed

Naushad Ansari @ Md. Naushad Ansari @ Naushad v. The State Of Bihar

2021-07-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9512 of 2021 Arising Out of PS. Case No.-415 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Naushad Ansari @ Md. Naushad Ansari @ Naushad S/o Bikku Ansari R/o village- Bhajanpur, Ward No. 01, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that only one iron Gupti, Knife, one loaded country made pistol and two live cartridges were recovered from the possession of the petitioner. He submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submits that petitioner bears one criminal antecedent and he is languishing in judicial custody since 02.06.2020.

Patna High Court CR. MISC. No.9512 of 2021(2) dt.13-07-2021 2/3 Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Forbesganj P.S. Case No. 415 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if they fail to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark their attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present

Patna High Court CR. MISC. No.9512 of 2021(2) dt.13-07-2021 3/3 case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T