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Patna High CourtCR. MISC./67797/2019bail granted

Saddam Ansari v. The State Of Bihar

2019-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67797 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- DARPA District- East Champaran ====================================================== 1.

Saddam Ansari, aged about 24 years, Gender-Male, S/o Late Rasul Ansari, R/o village- Darpa, P.S.- Darpa, District- East Champaran at Motihari. 2.

Dhurendra Prasad, aged about 23 years, Gender-Male, S/o Late Raja Ram Mahto, R/o village- Darpa, P.S.- Darpa, District- East Champaran at Motihari.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vikram Jeet, Advocate.

For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that the informant apprehended the petitioners and others and recovered two live cartridges from possession of petitioner no. 1 and three live cartridges from possession of petitioner no. 2. It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 02.08.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.67797 of 2019(2) dt.24-10-2019 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that two live cartridges were recovered from possession of petitioner no. 1 and three live cartridges were recovered from possession of petitioner no. 2. There is no compliance of Section 100 of Cr. P.C. Other co-accused has been granted bail by this Court vide Cr. Misc. No. 65809 of 2019 under order dated 17.10.2019.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Raxaul, in connection with Darpa P.S. Case No. 81 of 2019.

(Sudhir Singh, J) U.K./- U T