Rustam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9452 of 2021 Arising Out of PS. Case No.-259 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Rustam Ansari Son Of Late Rahman Ansari @ Rahaman Miyan Resident Of Village Dharini Chhaper, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Mairwa P.S. Case No. 259 of 2020 registered for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

Allegation against the petitioner is that on search country made fire arm and cartridge were recovered from the possession of the petitioner and other co-accused. They also tried to flee away while seeing the informant.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not

Patna High Court CR. MISC. No.9452 of 2021(2) dt.12-07-2021 2/2 committed any offence as alleged in the FIR. No incriminating article has been recovered from his conscious physical possession. He submits that allegedly a country made pistol (katta) was recovered from the possession of the petitioner but in fact due to altercation with the police during the checking of the vehicle the petitioner has been planted in this case. He further submits that one co-accused has been granted anticipatory bail by court below itself. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 27.08.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Mairwa P.S. Case No. 259 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T