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Patna High CourtCR. MISC./12561/2023allowed

Aazad Ansari @ Tipan v. The State Of Bihar

2023-06-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12561 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- SUIYA District- Banka ====================================================== AAZAD ANSARI @ TIPAN Son of Nabi Miyan Resident of village - Barguniya, P.S.- Katoria, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, the informant was posted as relationship officer in Bandhan Bank, Katoria. It is further alleged that some unknown miscreants came in front of the informant's motorcycle and on the point of pistol snatched Rs. 56,200/- from his pocket, a bag containing one samsung tab one morpho device and other articles.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.12561 of 2023(3) dt.23-06-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The petitioner resides with other members of the family father, mother and other relations in the house and it is very surprising as to why, he was not taken into custody since he has been alleged to have signed the seizure list of articles allegedly and has been shown to have been recovered in this case on 02.11.2022 from Suiya P.S. Case No. 140 of 2022, which itself shows something fishy in the matter and false implication of the petitioner and goes against the very recovery of alleged articles in his presence. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 02.11.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.12561 of 2023(3) dt.23-06-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist,Banka in connection with Suiya P.S. Case No. 139 of 2022.

(Sunil Kumar Panwar, J) arish/- U T