Mosim Ansari @ Mohsin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10075 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- DURAULI District- Siwan ====================================================== MOSIM ANSARI @ MOHSIN ANSARI Son of Sarfuddin @ Sarfuddin Khan Resident of Village - Harpur, P.S.- Andar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 01.10.2018 in a case registered for the offence punishable under Sections 461, 379, 411 and 414 of the Indian Penal Code.

It is alleged that from the shop of the informant theft was committed of 10 litres of petrol, 5 litres of diesel and cash of Rs.6000/-. Subsequently, the informant came to know that in the night, Mosim Ansari @ Mohsin Ansari, the petitioner and co-accused Kyamuddin were searching for petrol, subsequently, on being asked from the petitioner, the petitioner confessed his guilt.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.10075 of 2019(2) dt.20-02-2019 2/2 that no recovery of stolen article has been made from the possession of the petitioner, but merely on the basis of suspicion, the accusation has been levelled against him. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that there is specific accusation against the petitioner.

Considering the suspicious nature of accusation, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Siwan, in connection with Draauli P.S. Case No. 223 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T