Khursed Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33078 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Khursed Ali, S/o Jahur Ansari @ Jahur Miya, Resident of Village-Lalganj, P.S.-Mairwa, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate.

For the Opposite Party/s :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Mairwa P.S. Case No. 117 of 2020 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of 5 to 7 miscreants with bike near

Patna High Court CR. MISC. No.33078 of 2020(2) dt.16-12-2020 2/3 Masjid at village Lalganj, the informant along with other police personnel reached there then saw some persons in suspicious condition with bike. On seeing the police party, all started to flee away, but on chased, five persons were apprehended who disclosed their names as Saddam Hussain, Khursed Ali (petitioner), Mustaque Ansari, Md. Ashique Ansari and Mouiddin Ansari. On search, Khurshed Ali (petitioner) was found in possession of one country made loaded pistol with one live cartridge, while at that time, two persons succeeded to flee away.

Learned counsel for the petitioner submits that while petitioner has no criminal antecedent but after apprehending in the present case, petitioner has also remanded in Mairwa P.S. Case No. 116 of 2020 on 14.04.2020 under Section 395 of the Indian Penal Code as detailed in para 3 of the petition and in the present case, he is in custody since 15.04.2020.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in

Patna High Court CR. MISC. No.33078 of 2020(2) dt.16-12-2020 3/3 connection with Mairwa P.S. Case No. 117 of 2020. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T