Patna High CourtCR. MISC./52689/2018bail granted

Aslam Ansari v. The State Of Bihar

2018-09-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52689 of 2018 Arising Out of PS.Case No. -264 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Aslam Ansari, Son of Hadish Mian @ Hadish Ansari, Resident of Village- Khardeul Mahna, Police Station- Chanpatia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 25(i-B)a, 26, 35 of the Arms Act. The prosecution case, in brief, is that the accused persons were apprehended with contraband substance like Charas. It was disclosed that prior to three months, he along with this petitioner committed the loot of tractor.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has been disclosed by coaccused Anwar Ansari in his confessional statement. There is no

Patna High Court Cr.Misc. No.52689 of 2018 (2) dt.11-09-2018 recovery of any incriminating article from conscious possession of the petitioner. At the alleged time of occurrence, the petitioner was not present at his house. The alleged recovery is said to have been made from possession of co-accused Anwar Ansaari. On behalf of the State, it is submitted that the petitioner is named in the confessional statement of co-accused. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 264 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T