Rustam Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53325 of 2017 Arising Out of PS.Case No. -345 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Rustam Ansari son of Muslim Ansari, r/o village-Khanaon, P.S. Bhabua, District-Kaimur at Bhabua

2. Hesamuddin @ Hesamuddin Ansari @ Hasanuddin Ansari S/o Late Idrish Ansari, R/o village-Kochadi, P.S. Bhagwanpur, District-Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Bhabua P.S. Case No. 345 of 2017 registered for the offences under Sections 25(1-b)a, 26/35 of the Arms Act. The case of the prosecution is that upon receipt of information that there was exchange of fire between two sides, the Police party went at the place of occurrence and saw that four persons were firing from country made pistol. Upon chase, one person was apprehended who disclosed his name as Rustam Ansari and another person namely Hesamuddin @ Hesamuddin Ansari @ Hasanuddin Ansari was also arrested. The Police had then made a search and from the pocket of the said two

Patna High Court Cr.Misc. No.53325 of 2017 (2) dt.09-11-2017 2/2 apprehended accused persons who are the petitioners herein, two live cartridges and mobile phone was recovered. The learned counsel for the petitioners submits that as far as the antecedent of the petitioners is concerned, there are two other cases which arise out of the same occurrence and apart from those two cases no other case is pending as against the petitioners herein. It is further submitted that the petitioners have been falsely implicated and are in custody since 12.6.2017 and 28.6.2017 respectively. It is further submitted that the investigation has been completed and charge sheet has been filed. Having regard to the facts and circumstances of the case, the petitioners named above, are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Kaimur at Bhabua in connection with Bhabua P.S. Case No. 345 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T