Abash Ansari @ Abbas Ansari @ Abbas Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31507 of 2018 Arising Out of PS. Case No. -57 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================

1. Abash Ansari @ Abbas Ansari @ Abbas Miya, S/o Allauddin Ansari @ Allauddin Miya, R/o Vill.- Karariya Thakurai, P.S.- Phulwariya, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhorey P.S. Case No. 57 of 2016 registered under Section 392 of the Indian Penal Code. Four motorcycle borne unknown miscreants are said to have snatched the golden chain and cash of Rs.30,000/- of the informant on the point of pistol.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the aforesaid occurrence. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article

Patna High Court Cr.Misc. No.31507 of 2018 (02) dt.24-05-2018 - 2 - has been recovered from his conscious physical possession. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring his confessional statement and that of the two co-accused which has no evidentiary value in the eye of law. He was not put on T.I.P. Though several criminal cases have been lodged against the petitioner but in all most all the cases either he is on bail or has been acquitted. The petitioner has been languishing in custody since 09.12.2016. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 57 of 2016.

(Prakash Chandra Jaiswal, J.

Trivedi/- U T