Md. Habib @ Md. Habib Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16178 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Md. Habib @ Md. Habib Ansari S/o Asgar Ansari, Resident of VillageMona, P.S.- Baruraj, District- Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Virendra Kumar, Advocate For the Opposite Party: Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 29.07.2014 in connection with Baruraj P.S. Case No. 118 of 2014 for the offences instituted under Sections 399, 402, 414, 120B of the Indian Penal Code, Sections 25 (1b) a, 26 (ii) and 35 of the Arms Act and Sections 20 and 22 of the Narcotic Drugs & Psychotropic Substances Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that while in the night of 28.07.2014 at 01.00 A.M., Station House Officer of the Police Station was on patrolling duty, he got information that some miscreants, who are 10 to 15 in number, have parked one pick-up van and a marshal vehicle and they were armed with weapons and had assembled for committing road dacoity. The petitioner along
Patna High Court Cr.Misc. No.16178 of 2015 (2) dt.09-06-2015 2/3 with other miscreants were involved in surrounding goods loaded trucks and by administering intoxicants to the driver and cleaner of the truck, they used to take away trucks. The matter was immediately informed to the higher police official and the police party thereafter proceeded there where all the police vehicles reached from different directions for which there was a planning for conducting raid. On such information, Laxminiya Petrol Pump was surrounded and raided by the police personnel. On seeing the police, all the miscreants started fleeing away but out of them, eight were apprehended.
It has been submitted on behalf of the petitioner that from the possession of the petitioner, only one country made pistol and three cartridges were recovered. Further it has been submitted that as far as the offence under Sections 20 and 22 of the N.D.P.S. Act is concerned, the same does not attract against the petitioner. Further it has been submitted that the petitioner has got no criminal antecedent. Further it has been pointed out that other accused person namely, Shyam Kumar Yadav has been granted bail by a Bench of this Court.
On behalf of the State it has been submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the
Patna High Court Cr.Misc. No.16178 of 2015 (2) dt.09-06-2015 3/3 case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Muzaffarpur in connection with Baruraj P.S. Case No. 118 of 2014.
(Sudhir Singh, J) B.T/- U