Md Faruk Ansari @ Farukh Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70997 of 2021 Arising Out of PS. Case No.-94 Year-2021 Thana- CHAORI District- Bhojpur ====================================================== Md Faruk Ansari @ Farukh Ansari, Son of Md. Rafik Ansari, Resident of Village and P.O.- Kaulodihri, P.S.- Chauri, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 13-04-2022 The applicant is given out of turn hearing on account of ailment of his father. This fact is not disputed by the other side.

The applicant/accused in Crime No. 94 of 2021 registered with Chauri Police Station for the offences punishable under Sections 25(1-B)A and 26 of the Arms Act, by this application is seeking his release during pendency of the trial, after filing of the charge sheet.

Heard both sides.

The subject crime is registered on the basis of the FIR lodged by Police Sub-Inspector, Pradeep Kumar Pandey. According to the prosecution case, the police were doing checking of the vehicles and during course of the checking, they apprehended the present applicant. On his personal

Patna High Court CR. MISC. No.70997 of 2021(4) dt.13-04-2022 2/3 search, one country made firearm, two live bullets, an amount of Rs.12,100/- and the motorcycle on which he was ridding came to be seized. He was unable to produce the documents regarding ownership of the said vehicle.

The investigation of the subject crime is over. The applicant is not having any criminal antecedent, his further pretrial detention is not warranted. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 94 of 2021 registered with Chauri Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.

Patna High Court CR. MISC. No.70997 of 2021(4) dt.13-04-2022 3/3 (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

Bhardwaj/- (A. M. Badar, J) U T