Ayub Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72504 of 2019 Arising Out of PS. Case No.-14 Year-2016 Thana- BARURAJ District- Muzaffarpur ====================================================== AYUB ANSARI, aged about 30 years (male), Son of Md. Mustakim, Resident of Village- Mauna, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414, 120B of the Indian Penal Code, under Section 25 (1-B)A, 26 (ii), 35 of the Arms Act and Section 20/22 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.05.2018 and has got one criminal antecedent, a similar nature of case which is pending against the petitioner. On the confessional statement of co-accused petitioner is made accused in this case.

Learned counsel for the petitioner further submits that the petitioner has made accused in this case there is nothing against him. So far as the recovery of narcotic substance is concerned, that is not against the petitioner but against other person. The similar situated co-accused have been granted bail by the different Benches of this

Patna High Court CR. MISC. No.72504 of 2019(2) dt.25-11-2019 2/2 Court vide order dated 24.01.2017 in Cr. Misc. No. 51560 of 2016 and order dated 18.02.2019 in Cr. Misc. No. 9386 of 2019. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st A.D.J. cum Special Judge, Muzaffarpur, in connection with Tr. No. 6/2019 arising out of Baruraj P.S. Case No. 14 of 2016, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T