Md. Wasim Ansari @ Sammi @ Simmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4150 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Md. Wasim Ansari @ Sammi @ Simmi Son of Md. Moin Ansari @ Moin Ansari R/o vill - Fida Bigha, P.S. - Rafiganj, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 427, 436 of the Indian Penal Code.

Prosecution case in nutshell is that informant closed his shop and went to his home. In the meantime, someone set fire in his shop due to which informant incurred loss of Rs. 12 lakhs. It is further alleged that in CCTV footage, petitioner and one Md. Irshad Alam were found roaming on the road at the time of alleged

Patna High Court CR. MISC. No.4150 of 2024(3) dt.21-03-2024 2/3 occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Only on the basis of CCTV footage, the name of petitioner sprang up in this case. There is no eye witness of the alleged offence. The prosecution hinges around the petitioner merely on the basis of suspicion. Moreover, the petitioner suo-motto surrendered on 10.10.2023 and since then he is languishing in judicial custody. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

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

Patna High Court CR. MISC. No.4150 of 2024(3) dt.21-03-2024 3/3 bail in connection with Rafiganj P.S. Case No. 09 of 2023 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 Chief Judicial Magistrate, Aurangabad.

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