Laddu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42980 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Laddu Ansari, Son of Late Amin Mian @ Isfaque Ansari, Resident of Dargawal, P.S.-Matiyariya, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.10.2016 in connection with Lauriya P.S. Case No. 80 of 2016 for offences punishable under Section 394 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he and his nephew Rajesh Gupta went on cycle to withdraw money and the informant withdrew Rs. 31,000/- and his nephew withdrew Rs. 1,00,000/- four miscreants on two motorcycles assaulted and took away the money. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.42980 of 2017 (4) dt.08-11-2017 2/3 petitioner that he is innocent, not named in the F.I.R. and bears no criminal history. It is further submitted that no money has been recovered from his conscious possession and that no T.I. Parade has been done so far. He submits that another co-accused has been granted pre-arrest bail by this Court and that the petitioner does not belong to any gang. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged 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 Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 80 of 2016, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on

Patna High Court Cr.Misc. No.42980 of 2017 (4) dt.08-11-2017 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T