Md. Sharukh Ansari @ Shahrukh Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19538 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Md. Sharukh Ansari @ Shahrukh Ansari Son of Mobarak Ali, Resident of Village- Bundu, P.S. Karedari, District- Hazaribag (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Rajpati For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Danapur P.S.Case No.300 of 2016, registered for offences punishable under Sections 25 (1-B)A, 26 & 35 of Arms Act & 414 of the Indian Penal Code.

Allegation against the petitioner is about recovery of one Pistol, on which one side written as JAPAN ITILY and another side USA, loaded with 9 live and on the cartridge also written as KF 7.65.

It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and he has remained in custody for more than nine months.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.19538 of 2017 (3) dt.18-05-2017 2/2 bail.

Having heard both sides and in view of the fact that the petitioner has no criminal antecedent and he has remained in custody for about nine months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, Patna in connection with Danapur P.S.Case No.300 of 2016, G.R. no.2276 of 2016. With 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 co-operate in the disposal of trial and make himself 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.

(iv) If his active participation is found in similar type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U