Md. Abid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71741 of 2022 Arising Out of PS. Case No.-880 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== MD. ABID ANSARI S/o Md. Jahir Ansari @ Jahir Ansari R/o VillageRampur Uttar, Ward no. 05, Fakirna Basti, P.S.- Forbesganj, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 356, 489(A), 489 © of the Indian Penal Code and Section 25(1-b)a/26 of the Arms Act. According to prosecution case, Indian currency of 100 and 500 rupees in bundle was recovered from the pocket of the petitioner and on further search one country made katta with live cartridge has also been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that some fake note and

Patna High Court CR. MISC. No.71741 of 2022(2) dt.04-04-2023 2/3 one loaded country made pistol and one android mobile phone have been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the allegation as alleged in the F.I.R. is false and fabricated and the prosecution has not sent the counterfeit currency to Forensic Science Laboratory and submitted the charge sheet against the petitioner. The petitioner is in custody since 19.08.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Forbesganj P.S. Case No. 880/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.71741 of 2022(2) dt.04-04-2023 3/3

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T