Nasruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49951 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- ASANWA District- Siwan ====================================================== NASRUDDIN ANSARI S/o Mallu Mian Resident of Village- Mania Ramnagar, P.O.- Mania, P.S.- Asanwa, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Shahi For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Asanwa P.S. Case No. 10 of 2021 registered for the offences punishable under Sections 272, 273, 308, 420, 120(B) of the Indian Penal Code read with Sections 25(1-b)a, 35 of the Arms Act and under Section 30(A)/41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 334.14 liters illicit liquor from the house of the petitioner. So far as recovery of arms has concerned, same has been recovered from the co-accused Durgesh Kumar.

Patna High Court CR. MISC. No.49951 of 2022(2) dt.29-09-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 08.08.2022. Petitioner bears no criminal antecedent. Learned counsel further submits that the petitioner is is innocent and has falsely been implicated in this case on the basis of suspicion. The recovery has been made from the joint house of the petitioner. Nothing has been recovered from the conscious possession or personal possession of the petitioner. Petitioner is not apprehended on spot. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-2cum-Special Judge Excise, Siwan in connection with Asanwa P.S. Case No.

Patna High Court CR. MISC. No.49951 of 2022(2) dt.29-09-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T