Harun Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80825 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- DURAULI District- Siwan ====================================================== Harun Ansari S/O Ful Mohammad Ansari Resident Of Village- Ukaredi, P.S.- Darauli, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Darauli P.S. case No. 111 of 2024 instituted for the offences under Sections 411, 413, 414, 420/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., on the basis of secret information, police raided the place of occurrence and apprehended two persons. On search, various arms and ammunitions and stolen articles were recovered from house of the co-accused.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Amul Ansari who has already been granted regular bail by this Court vide order dated

Patna High Court CR. MISC. No.80825 of 2024(2) dt.22-11-2024 2/2 20.07.2024 passed in Cr. Misc. No. 49220 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Darauli P.S. case No. 111 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T