Md. Modim Ansari @ Md. Modim Mansoori @ Modim Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44507 of 2024 Arising Out of PS. Case No.-116 Year-2022 Thana- BELA District- Sitamarhi ====================================================== Md. Modim Ansari @ Md. Modim Mansoori @ Modim Mansoori Son of Shah Moihammad @ Shah Mohammad Ansari Resident of Village - Bhairokothi, P.S.- Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bela P.S. Case No. 116 of 2022 dated 06.05.2022 registered for the offences punishable u/ss 399, 402 and 414 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act and u/ss 8/20(b)(ii)(c)/22 of the N.D.P.S. Act.

3. As per the prosecution case, one loaded country made pistol, a loaded magazine having four live cartridges, one kg Charas, an empty magazine, two mobiles and one motorcycles were recovered from the possession of the coaccused, Md. Hasim Laheri. One country made Katta, two live

Patna High Court CR. MISC. No.44507 of 2024(2) dt.20-07-2024 2/3 cartridges, 1 kg Charas and one mobile phone were recovered from the possession of the co-accused, Deep Narayan Mahto. One loaded country made pistol, two live cartridges and mobile phone were recovered from the posession of the co-accused, Md. Sadik. One mobile phone was recovered from the possession of the co-accused, Santosh Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Hasim Laheri who has already been granted regular bail by this court vide order dated 03.05.2024 passed in Cr. Misc. No. 39260 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.44507 of 2024(2) dt.20-07-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Tr. No. 69 of 2023 arising out of Bela P.S. Case No. 116 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T