Kalamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4759 of 2024 Arising Out of PS. Case No.-839 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Kalamuddin Ansari S/o Pharman Ansari R/o Village- Lakshmipur, Ward No.- 6, P.S- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner seeks bail in Kanti P.S. Case No. 839 of 2023, instituted for the offences punishable under Sections 413/ 414/ 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on secret information the police party raided the place of occurrence where two miscreants including this petitioner sitting on a tractor, started fleeing away on seeing the police but were apprehended. On query, the accused persons failed to produce any valid papers relating to the Tractor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. Learned counsel for the petitioner further submits that the petitioner was taking

Patna High Court CR. MISC. No.4759 of 2024(2) dt.02-02-2024 2/2 tea at a nearby tea stall where the recovery was made and has got no concern with the seized vehicle. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. The petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 30.10.2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 839 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T