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Patna High Court/79227/2023allowed

Taslim Ansari @ Md. Taslim Ansari v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79227 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- BAUGHAT District- Sheikhpura ====================================================== Taslim Ansari @ Md. Taslim Ansari Son Of Md. Samid R/O Village- Arsar, P.S.- Jamui, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-b)a, 26(i) (ii) and 35 of the Arms Act.

3.The prosecution case in nutshell is that informant received an information that co-accused Md. Kaisar is indulged in manufacturing of illegal weapon. On search, illegal gun factory was found in his house. It is further alleged that during investigation, it came in light that petitioner along with other co-accused persons are also working as associates of Md. Kaisar in the illegal manufacturing of weapon.

Patna High Court CR. MISC. No.79227 of 2023(2) dt.13-12-2023 2/3

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern either with the incriminating recovered articles or with the co-accused persons. Nothing incriminating has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the house of co-accused persons. It is further submitted that petitioner is not indulged in illegal manufacturing or trade of weapon. Both the seizure list witness are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Baughat P.S. Case No. 03 of 2023 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.79227 of 2023(2) dt.13-12-2023 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of J.M. 1st Class, Sheikhpura.

(Sunil Kumar Panwar, J) lata/- U T