Md. Gulab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39368 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== Md. Gulab Ansari Son of Riyasat Ansari Resident of Village - Bhakuwa, P.S.- Khajauli, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ratanakar Jha, & Ms. Miss Kusum Rani, Advocates For the State :

Mr. Ram Priya Sharan Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Khajauli PS Case No 15 of 2020, instituted for the offence under Sections 411,414 and 420/34 of the Indian Penal Code and Sections 25(1-b)A, 26/35 of the Arms Act.

One Cap, one belt, uniform and some case for storing bullets allegedly of the Bihar police has been recovered from the petitioner's house when it has been raided.

It is submitted by the petitioner's counsel that from the First Information report itself it is apparent that the raid was merely on the basis of his criminal antecedents and suspicion, based thereon. The petitioner has been in custody since 04.02.2020. As per report, received from the learned Trial

Patna High Court CR. MISC. No.39368 of 2020(4) dt.25-03-2021 2/2 Court, placed at Flag-'A', it appears that charges have already been framed and trial is awaiting for the prosecution evidence. The learned APP for the State has opposed the prayer for bail. It is submitted that some articles of Bihar Police have been recovered from the petitioner's house Considering the rival submissions, let the petitioner, above named, 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 the learned Judicial Magistrate-1st Class, Madhubani, in connection with Khajauli PS Case No 15 of 2020, corresponding to CRI No. 200 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T