Danish Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38946 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Danish Ansari, Son of Monajib Ansari @ Md. Mojiburrahman, resident of village- Belaur, P.S. Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.01.2018 in connection with Ara Nawada P.S. Case No. 35/18 for offences punishable under Sections 399, 402, 120-B of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on information that some criminals are planning to commit crime, the police raided the house of one Diwakar Kumar and arrested three persons including the petitioner, while two managed to escape. From the possession of each of the accused persons one country-made pistol and one live cartridge was recovered. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.38946 of 2018(2) dt.10-07-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that no overt act has been alleged to have been committed by the petitioner, charge-sheet has already been submitted and one of the co-accused has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 27925 of 2018 vide order dated 08.05.2018 on similar allegations. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 35/18, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.38946 of 2018(2) dt.10-07-2018 3/3 nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/Pragya U T