Md Irashad Ansari @ Md Erashad Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84511 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- NARHATT District- Nawada ====================================================== Md Irashad Ansari @ Md Erashad Rashid Son Of Late Abdul Rashid Ansari Resident Of Vill- Gondapur, Airsel Tower P.S.- Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aaruni Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code, Sections 25(1-b)a/26 of the Arms Act and Sections 3⁄4 of the Explosive Substance Act.

3. As per FIR, during course of patrolling, a raid was conducted and recovered huge quantity of arms and ammunition from the place of occurrence. In the course of search, one motorcycle was also seized and from the premises in which fire arms was found owned and controlled by Manzoor Alam and Manzoor Alam.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case due to dirty politics and enmity.

Patna High Court CR. MISC. No.84511 of 2023(2) dt.12-01-2024 2/3 He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused. No incriminating article has been recovered from the house of the petitioner. He submits that the petitioner and co-accused Md. Imran are resident of same mohalla where petitioner's mother was a candidate of Ward Commissioner Election and Md. Imran was supporting the other candidate and on the day of voting of said election there was some hot talk took place between the petitioner and Md. Imran due to which petitioner's name was dragged in this case. He submits that Md. Imran has made allegation that arms are stored in the house of the petitioner upon which the wife of petitioner gave an application to the Superintendent of Police, Nawada. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that no incriminating article has been recovered from the house of the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today,

Patna High Court CR. MISC. No.84511 of 2023(2) dt.12-01-2024 3/3 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Narhat P.S. Case No. 179 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T