Nematullah Ansari @ Kundan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65731 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Nematullah Ansari @ Kundan S/O Ekramul Ansari @ Ekramullah Ansari Village Talkha Pur, Ps- Punaura, Dist- Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 420, 467, 468, 469, 470, 471/34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.
3. Prosecution case relates to recovery of one loaded country made katta with 8 MM live cartridges and several cards and forged documents of bank from the room of the petitioner which was kept below his pillow.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Police took the petitioner's signature on blank paper and the same was prepared as seizure list by the police officials. Provision of
Patna High Court CR. MISC. No.65731 of 2023(2) dt.01-11-2023 2/2 Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 22.8.2023 passed in Cr. Misc. No. 52599 of 2023. Petitioner is languishing in judicial custody since 11.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sitamarhi P.S. Case No. 463 of 2023.
(Sunil Kumar Panwar, J) sushma/- U