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Patna High CourtCR. MISC./22546/2018bail granted

Anshar Hussin @ Ansar Hussain And ANR v. The State Of Bihar

2018-04-19Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22546 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- KISHANGANJ District- Kishanganj ======================================================

1. Anshar Hussin @ Ansar Hussain, S/o Dil Mohammad,

2. Ansar Alam S/o Md. Alauddin, Both R/o Vill.- Dharamganj Muslim Basti P.S. + District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 20.02.2018 in connection with Kishanganj P.S. Case No. 122 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he along with his friend had gone to watch a movie and while he came out of cinema hall, four miscreants forcibly snatched his cycle, mobile and cash of Rs. 4030/- and fled away. It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case. He submits that they are not named in the First Information Report

Patna High Court Cr.Misc. No.22546 of 2018(2) dt.19-04-2018 2/2 and their name surfaced only on the confessional statement of co-accused Quadir Perwez before the police, who had named the petitioners.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 122 of 2018, subject to the condition that petitioners will cooperate with the investigation/ trial and provide all necessary information, failing which the prosecution will be at liberty to move the learned Court below for cancellation of their bail bonds.

(Nilu Agrawal, J.) Arjun/- U T