Md. Sajjad Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.22581 of 2016 (2) dt.25-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22581 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -ISHIPUR District- BHAGALPUR ======================================================

1. Md. Sajjad Ansari son of late Md. Jahur Ansari Resident of village Dogachi Amdaarh P.S. Thakurganj, District Godda (Jharkhand) .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Ishipur (Barahat) P.S. Case No. 131 of 2015 registered for the offence punishable under Sections 386/34 of the Indian Penal Code. Allegedly, three miscreants, who were looking like labourers, at the point of Danda and Knife demanded ransom and snatched Rs. 20,000/- Samsung mobile and bag of the informant. In the morning the informant identified the petitioner and two others at the brick kiln situated near the place of occurrence and they confessed their guilt but did not return the money to the informant.

Submission is of false implication and that the prosecution story appears not probable and reliable, no such

Patna High Court Cr.Misc. No.22581 of 2016 (2) dt.25-05-2016 occurrence has taken place, nothing has been recovered from possession of the petitioner and without any fault the petitioner is suffering in custody since 06.11.2015, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP after going through the impugned order fairly submits that nothing has been recovered from possession of the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.CJ.M. 8, Bhagalpur in connection with Ishipur (Barahat) P.S. Case No. 131 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T