Mobarak Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65257 of 2022 Arising Out of PS. Case No.-652 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Mobarak Ansari Son of Late Jalil Ansari R/V- Dhunchhapra, P.s- Brahmpur, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Brahampur (Krishnabrahm) P.S. Case No. 652 of 2022 lodged under Sections 399, 402 of the I.P.C. read with Sections 25(1-B) a/ 25 (6) /26 /35 Arms Act.

As per the prosecution case, the police has reached on NH 84 after receiving secret information that some criminals are sitting on Dharhara. Police reached there and arrested 6 persons including the petitioner.

Learned counsel for the petitioner submits that nothing incriminating was recovered from the possession of the

Patna High Court CR. MISC. No.65257 of 2022(2) dt.16-02-2023 2/2 petitioner. He submits that petitioner is the resident of the locality and he was returning from the market. Co-incidently, raid was made when he was crossing the said pool. As per the F.I.R., it transpires that nothing was recovered from his possession and he is in custody since 04.09.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that nothing incriminating recovered from the possession of the petitioner.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. at Buxar in connection with Brahampur (Krishnabrahm) P.S. Case No. 652 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T