Patna High CourtCR. MISC./62792/2021bail granted

Afsar Ali v. The State Of Bihar

2022-02-11Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62792 of 2021 Arising Out of PS. Case No.-383 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== AFSAR ALI Son of Hasmuddin Ansari Resident of Village - Durg Matihaniya (Gamhariya), P.S.- Bishwambharpur, Distt.- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2022 Heard Mr. Indrajeet Bhushan, learned counsel for the petitioner and Mr. Aditya Narayan Singh.1, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Nautan PS Case No. 383/2020 registered for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act. An unloaded pistol has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. He further submits that at the time of seizure, the procedure prescribed under Section 100 CrPC has not been followed and the petitioner is having no criminal antecedent of similar nature of offence and is in custody since 03.10.2020.

Patna High Court CR. MISC. No.62792 of 2021(2) dt.11-02-2022 2/2 The charge-sheet has been submitted in the matter. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent of similar nature of offence, he is in custody since 03.10.2020 and the charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, AFSAR ALI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sri Raj Kapoor, learned Judicial Magistrate- 1st Class, West Champaran, Bettiah/ the court concerned in connection with Nautan PS Case No. 383/2020. (Anil Kumar Sinha, J) perwez U T