Sajid Ansari @ Mohammad Sajid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36901 of 2020 Arising Out of PS. Case No.-227 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== 1.

SAJID ANSARI @ MOHAMMAD SAJID ANSARI Son of Alamgir Ansari @ Md. Alamgir Resident of Village- Banchauri, Ward No.8, P.S.- Dumra, Distt- Sitamarhi.

2.

Jakir Sidique Son of Aas Mohammad Resident of Village- Banchauri, Ward No.8, P.S.- Dumra, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 25.07.2020 in connection with Dumra P.S.Case No. 227 of 2020 for the alleged offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of a loaded pistol along with five cartridges from a Maruti car in which four accused persons including the petitioners were travelling. It is submitted that the recovery has not been made specifically from the person of the petitioners, rather from inside the vehicle. It is

Patna High Court CR. MISC. No.36901 of 2020(3) dt.20-02-2021 2/2 submitted that co-accused Nitesh Kumar Sah @ Nitesh Prasad has been granted bail by this Court in Cr. Misc. No.35854 of 2020 (Annexure-2). The petitioners are accused in one other case involving Prohibition and Excise Act arising out of the same transaction.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 25.07.2020, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 227 of 2020, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T