Ajim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3286 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- NAURANGIA District- West Champaran ====================================================== AJIM ANSARI S/o Farukh Ansari @ Faruk Ansari R/o Village - Lachhnauta, P.S. - Matiyariya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Naurangiya P.S. Case No. 36 of 2021 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 01.07.2021.

The allegation against the petitioner is to commit robbery and while committing, so taken away motorcycle and mobile phone which belong to the informant.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of

Patna High Court CR. MISC. No.3286 of 2022(3) dt.03-09-2022 2/3 confessional statement of co-accused, namely, Sarphullah Ansari, and in furtherance thereof, looted motorcycle was not recovered from the possession of the petitioner rather it was found abundant and produced later on by father of this petitioner before police. It is submitted that no incriminating material surfaced/recovered which may connect petitioner, prima facie, with present occurrence of robbery. It is further submitted that petitioner and recovered motorcycle, both were not put on TIP, as yet. While concluding the argument, it has been submitted that investigation in this case is complete, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as no alleged recovery was made from possession of the petitioner to connect, prima facie, with present occurrence of robbery coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Naurangiya P.S. Case No. 36 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.3286 of 2022(3) dt.03-09-2022 3/3 satisfaction of learned J.M. 1st Class, Bagaha, West Champaran/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T