Patna High CourtCR. MISC./65932/2023bail granted

Ashir @ Md. Ashir @ Vikky @ Md. Aashir v. The State Of Bihar

2023-10-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65932 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== ASHIR @ MD. ASHIR @ VIKKY @ MD. AASHIR son of Ashfaq Ahmad @ Saheb Village- Dakhin Tola Ps- Siwan Town Dist- Siwan Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Siwan Town P.S. Case no. 110 of 2023 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20(b)(ii)(B), 22 and 24 of the NDPS Act.

3. As per the prosecution case, three accused persons including the petitioner herein were caught and various articles including a country-made pistol and live cartridges were recovered. So far as this petitioner is concerned, 1.25 kg of ganja was recovered from his possession.

4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. The petitioner was arrested elsewhere at a different time and was falsely implicated in the instant FIR by planting

Patna High Court CR. MISC. No.65932 of 2023(2) dt.18-10-2023 2/2 the alleged recovered articles. The petitioner has no criminal antecedent and is in custody since 1.3.2023. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent, having remained in custody more seven months since 1.3.2023 and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Siwan Town P.S. Case no. 110 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-I, Siwan. (Partha Sarthy, J) ajay/- U T