Naim Ansari @ Md. Naim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46200 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- BARARI District- Katihar ====================================================== Naim Ansari @ Md. Naim Ansari Son of Gulam Rasul Ansari Resident of Vill- Janamghuttu, P.S.- Barari, District- Katihar. ... ... Petitioner

Versus

The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2024 Heard learned counsel appearing on behalf of the petitioner and Dr. Ajeet Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Barari (Semapur) P.S. Case No. 66 of 2024 registered for the offence under Sections 399, 402 of the I.P.C. and under Section 25(1-b)a, 26/35 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 25.02.2024.

4. The allegation against the petitioner is to have in possession one loaded country made pistol.

5. Learned counsel appearing on behalf of the petitioner submitted that factual background of this case suggest prima-facie that the recovery of country made pistol

Patna High Court CR. MISC. No.46200 of 2024(2) dt.19-07-2024 2/3 not appears to be made from the conscious physical possession of this petitioner. It is submitted that beside this case, petitioner was found involved in one more criminal case, in which he is on bail. While concluding the argument, it is submitted that seizure list is also appearing doubtful as it is not supported by the independent witnesses rather by police personals and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of the facts and circumstances and by taking note of the fact as the recovery of country made pistol prima-facie not appears to be made from the conscious physical possession coupled with the fact that investigation has already been completed, where petitioner is in custody since 25.02.2024, let the petitioner, above named, is directed to be released on bail in connection with Barari (Semapur) P.S. Case No. 66 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I,

Patna High Court CR. MISC. No.46200 of 2024(2) dt.19-07-2024 3/3 Katihar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T