Md. Kamal Ansari @ Md. Kalam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9516 of 2023 Arising Out of PS. Case No.-483 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Md. Kamal Ansari @ Md. Kalam Ansari Son of Late Muslim Ansari, Resident of Village- Pathanpura, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dumra P.S. Case No. 483 of 2021 dated 07.12.2021 lodged under Section 392 of the I.P.C. read with section 27 of Arms Act.

As per the F.I.R., the allegation of section 392 of I.P.C. is there against four unknown accused persons. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the name of the petitioner has figured by virtue of the confessional statement of the co-accused as well as his own confessional statement. Counsel further submits that petitioner has not been arrested in this case rather he has been remanded in the present case. Counsel also submits that there are seven

Patna High Court CR. MISC. No.9516 of 2023(2) dt.03-05-2023 2/2 criminal cases pending against the petitioner and he is in custody since 13.06.2022. Counsel further submits that charge has also been framed in this case and other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide orders dated 27.02.2023 and 28.03.2023 passed in Cr. Misc. Nos. 68654 of 2022 and 1800 of 2023.

Learned counsel for the State opposes the prayer for bail but also admits that other co-accused persons have been granted bail by the Co-ordinate Bench of this Court. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sitamarhi in connection with Dumra P.S. Case No. 483 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T