Abrar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40371 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -BIKRAM District- PATNA ====================================================== Abrar Ansari, Son of Shamim Ansari, Resident of Village- Shahpur, Police Station- Bikram, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar Singh For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-10-2017 The learned counsel for the petitioner seeks permission to make correction in paragraph 5 (i) of this application stating that instead of 19.04.2017 the date of F.I.R. is 09.04.2017. He is also permitted to make correction in paragraph12 wherein the period of custody has been wrongly mentioned. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 10.04.2017 in connection with Bikram P.S. Case No. 82 of 2017 for offences punishable under Sections 25 (1-B) (a), 26 of the Arms Act.

The prosecution case, as lodged by the police

Patna High Court Cr.Misc. No.40371 of 2017 (3) dt.11-10-2017 2/3 personnel, is that while they were on patrolling duty the petitioner was found fleeing away from his tailoring shop named as Goodluck Tailor. On search of the shop one country made pistol and a live cartridges were recovered. The petitioner was apprehended by the police. Accordingly, the seizure list was prepared.

It has been submitted that he is innocent, bears no criminal history and is a tailor by profession and nothing has been recovered from his conscious possession. He submits that no overt act has been alleged to have been committed by the petitioner and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Danapur, District-Patna in connection with Bikram P.S. Case No. 82 of 2017, subject to

Patna High Court Cr.Misc. No.40371 of 2017 (3) dt.11-10-2017 3/3 the condition that both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner and that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T