Eklakh Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11827 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- MASHRAK District- Saran ====================================================== Eklakh Ansari Son Of Kitabuddin Resident Of Village - Harpur Jan, P.S. - Mashrakh, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bishwajeet Singh, Advocate For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mashrakh P.S. Case No. 474 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

As per prosecution case, informant was accosted with four unknown miscreants while he was on his way and on gun point, they looted cash to the tune of Rs. 1,10,000/-, bag and motorcycle and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-11-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.11827 of 2024(2) dt.26-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Bittu Kumar, and the same has no evidentiary value. The recovery of the motorcycle is made from co-accused, namely, Om Prakash. Petitioner has not been put on T.I. parade.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mashrakh P.S. Case No. 474 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T