Patna High CourtCR. MISC./25045/2024bail granted

Md. Meraj Ansari v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25045 of 2024 Arising Out of PS. Case No.-1205 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== MD. MERAJ ANSARI S/O NAYIM ANSARI R/O VILLAGEATHAMUHAN, WARD NO. 12, P.S- JHAROKHAR, DISTT.- EAST CHAMPARAN AT MOTIHARI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaria P.S. Case No. 1205 of 2023 instituted for the offences under Section 457, 380 of the Indian Penal Code.

3. As per Prosecution case, the informant alleged alleged that 4-5 unknown persons committed theft of 100 handsets, 29,000/- cash from his shop.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Lal Babu Mahto which is not admissible in the

Patna High Court CR. MISC. No.25045 of 2024(2) dt.04-04-2024 2/2 eye of law. No stolen article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.12.2023 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaria P.S. Case No. 1205 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T