Sahim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6490 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- PALASI District- Araria ====================================================== SAHIM ANSARI Son of Late Sagir Ansari Resident of Village - Knakhudiya Ward No. 02, Police Station - Palasi, District - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Ms. Pushpa Sinha I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Palasi P.S. Case No. 195 of 2020, registered for the offence punishable under Sections 25(1-a), 25(1-aa), 25(1-B)a, 26 and 35 of the Arms Act. As per the prosecution case, one semi constructed country made pistol, cartridges and equipments of manufacturing firearms have been recovered from the house of this petitioner.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case by the police. There is no recovery from conscious possession of this

Patna High Court CR. MISC. No.6490 of 2021(3) dt.22-06-2021 2/2 petitioner. Petitioner claims clean antecedent and he is in custody since 07.06.2020. Chargesheet has already been submitted.

Keeping in view the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate Ist, Araria in connection with Palasi P.S. Case No. 195 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T