Saddam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63353 of 2017 Arising Out of P.S.Case No. -1164 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Saddam Ansari, Son of Phul Mohammad Ansari @ Fulamoddin Ansari, Resident of Village+P.S.- Chiniya (Uchari), District- Garhwa, Jharkhand. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Siddharth Harsh, Advocate For the Opposite Party : Mr. Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-01-2018 Head.

The petitioner is in custody in connection with Sasaram (T) Mufassil P.S.Case No.1164 of 2017 registered for an offence under the Arms Act.

It has been submitted that petitioner while going to Sasaram along with Bilar Ansari, police intercepted his vehicle. The said co-accused Bilar Ansari managed to escape from the place of occurrence leaving a bag at the spot from which two country made fire arms were recovered. It has been submitted that no recovery was made from the possession of the petitioner. The seizure list shows that the recovery was made from G.T. road near the transformer adjacent to eastern entry of patrol pump. There is no independent witness to the said seizure list which also makes

Patna High Court Cr.Misc. No.63353 of 2017 (2) dt.12-01-2018 2/2 the seizure doubtful. Petitioner is in custody since 22.08.2017 having clean antecedent.

The learned APP opposed the submissions.

Learned APP opposed the submission.

Considering the nature of allegation facts and circumstances of the case, prayer for bail is allowed. Let the above named petitioner 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 CJM, Rohtas in connection with Sasaram (T) Mufassil P.S.Case No.1164 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T