Akbar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66863 of 2021 Arising Out of PS. Case No.-429 Year-2021 Thana- BANKA District- Banka ====================================================== Akbar Ansari, Son Of Late Rajjak Ansari @ Tiku Resident Of VillageEkoriya (Korara), P.S.- Banka, District- Banka. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b), 26 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 30.05.2021, charge-sheet has been submitted in the case and has antecedent of three cases. Allegation is of recovery of a country-made musket along with two live cartridges from the possession of the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated because of his antecedents. Nothing was recovered from his possession and even presuming what has been alleged is true without admitting for the purposes of bail, the thrust of the allegation is under the

Patna High Court CR. MISC. No.66863 of 2021(2) dt.09-05-2022 2/2 Arms Act and the petitioner has remained in custody nearly an year.

The learned A.P.P. for the State opposes the bail application and submits that petitioner has antecedents. Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Banka (Barahat) P. S. Case No.429 of 2021, subject to condition that one of the bailors shall be the brother of the petitioner namely, Akhtar Ansari.

However, it is made clear that if the learned Court below comes to a conclusion that the petitioner after his release is trying to delay the trial, the learned Court below shall forthwith cancel his bail bonds after recording reasons. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T