Amul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49220 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- DURAULI District- Siwan ====================================================== Amul Ansari Son of Ful Mohammad Ansari Resident of village - Ukaredi, Police Station - Darauli, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Darauli P.S. case No. 111 of 2024 instituted for the offences under Sections 411, 413, 414, 420/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., on the basis of secret information, police raided the place of occurrence and apprehended two persons. On search, one firearm and one live cartridge has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.49220 of 2024(2) dt.20-07-2024 2/3 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. The co-accused person has already been granted bail by this Bench vide order dated 19.06.2024 passed in Cr. Misc. No. 41623 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.04.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Darauli P.S. case No. 111 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.49220 of 2024(2) dt.20-07-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T