Allowed

Mansur Ansari v. The State of Bihar

Patna HC3 Nov 2021CR. MISC./16411/2021

Case brief

AI extract

What is this about?

In CR. Misc. No. 16411 of 2021, the Patna High Court granted bail to the petitioner charged with offences under the Indian Penal Code and the Explosive Substance Act. The Court accepted the petitioner's submission regarding the lack of intent to cause harm and allowed release on a bond of Rs. 10,000 with two sureties.

What did the court decide?

Released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III Jamui.

Mansur Ansari Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16411 of 2021

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Arising Out of PS. Case No.-99 Year-2020 Thana- CHAKAI District- Jamui

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======================================================

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Mansur Ansari, aged about 50 years, male, Son of Abdul Ansari Resident of Village- Barjodih, P.S.- Deori, District- Giridih (Jharkhand)- 815314.

... ... Petitioner/s

Versus

6 03-11-2021

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bikramdeo Singh with Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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... ... Opposite Party/s

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor (for short ‘APP’) for the State.

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Learned counsel for the petitioner is expected to honour

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his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

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The petitioner seeks bail in Chakai PS Case No. 99 of 2020 instituted for the offence under Sections 124A, 120B/34 of the Indian Penal Code read with Sections 3 and 4 of the Explosive Substance Act.

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The petitioner has been apprehended with gelatin and detonating explosive wire (detonators).

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Petitioner’s counsel submits that even from the

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Patna High Court CR. MISC. No.16411 of 2021(6) dt.03-11-2021 2/3

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allegations the offence under Section 3 of the Explosive Substance Act is not made out. He further submits that intent of causing harm to anyone as contemplated under Section 4(b) has not emerged during the course of investigation. It is his submission that it is a false case and he has no concern with the recovered substance. Having no criminal antecedents he is in custody since 08.06.2020. The detonator and gelatin intended for blasting rocks and mines has been planted on the petitioner and he has been implicated in this case in such manner on extraneous consideration.

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The learned APP representing the State has opposed the prayer for bail. It is submitted that petitioner was found in possession of the detonators and gelatin which is evident from the seizure list which bears the petitioner’s signature also. On specific query by the Court whether till now any material has emerged in the case diary to indicate that he had intent to cause harm to anyone or cause any explosion for such purpose he fairly submits that it is not apparent from the case diary.

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Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed.

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Patna High Court CR. MISC. No.16411 of 2021(6) dt.03-11-2021 3/3

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Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III Jamui, in connection with Chakai PS Case No. 99 of 2020, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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shyambihari/-

Mansur Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mansur Ansari v. The State of Bihar

Case brief

What is this about?

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