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Patna High CourtCR. MISC./16091/2024bail granted

Saif Ali Ansari v. The State Of Bihar

2024-03-27Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16091 of 2024 Arising Out of PS. Case No.-512 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Saif Ali Ansari, Son of Farman Mian @ Farman Ansari, Resident of VillageChhota Tunia Bishunpur, Ward No. 12, Police Station- Manuapul, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Trial no.2231 of 2023, arising out of Ramnagar P.S. Case no. 512 of 2022 registered under section 379 of the Indian Penal Code.

3. As per the prosecution case, on the informant having parked his motorcycle and gone for some work, it is stated that on his returning, his motorcycle had been stolen by unknown accused persons.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. Referring to the order of the learned trial Court rejecting the application for bail of the petitioner it is submitted that the name of the petitioner has been

Patna High Court CR. MISC. No.16091 of 2024(3) dt.27-03-2024 2/2 dragged in the case on the basis of the confessional statement of a co-accused made before police. No stolen motorcycle has been recovered from his possession and he is custody since 9.2.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the submissions made by learned counsel for the petitioner, the material that has transpired in course of investigation which is evident from the order of the learned trial Court rejecting the application for bail of the petitioner, no incriminating article having been recovered from the petitioner's possession, his being in custody for more than 1 year since 9.2.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Trial no.2231 of 2023 (arising out of Ramnagar P.S. Case no.512 of 2022) 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 Sub-Divisional Judicial Magistrate, Bagaha, West Champaran.

(Partha Sarthy, J) avinash/- U T