Md. Nausad Ansari @ Md. Nausad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20073 of 2023 Arising Out of PS. Case No.-806 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Md. Nausad Ansari @ Md. Nausad S/O Md. Darban Ansari R/O VillageDumariya, Ward No.4, P.S And Distt.- Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Harun Quareshi, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Supaul P.S. Case No. 806 of 2022 registered for the offence under Sections 392 and 411 of the Indian Penal Code.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 14.09.2022.
4. The allegation against the petitioner is to commit robbery alongwith other unknown co-accused persons and while committing so taken away motorcycle belongs to the informant.
Patna High Court CR. MISC. No.20073 of 2023(3) dt.20-07-2023 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in the present case, during the course of investigation on the basis of suspicion, where his self-confession was recorded and in furtherance thereof, no incriminating material recovered/surfaced to connect this petitioner with the present occurrence of robbery. It is also submitted that petitioner was not put on T.I.P., as yet. While concluding the argument, it is submitted that petitioner found involved in one more case, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as save and except self-confession/suspicion nothing appears, prima facie, incriminating against this petitioner to connect with the present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.09.2022, accordingly, petitioner, above named, is directed to be released on bail in connection with Supaul P.S. Case No. 806 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.20073 of 2023(3) dt.20-07-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Supaul/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T