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Patna High CourtCR. MISC./19223/2023allowed

Najruddin Ansari @ Nasruddin Ansari v. The State Of Bihar

2023-05-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19223 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- BARAHAT District- Banka ====================================================== Najruddin Ansari @ Nasruddin Ansari S/O Late Mohammad Ansari @ Lal Mohammad Ansari Resident Of Village- Murgabani, P.S.- Poraiya Hat, District- Godda (Jharkhand).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code, subsequently, charge-sheet has been submitted u/s 395/412 of the Indian Penal Code. The prosecution case in nutshell is that informant along with other associates has loaded his truck with 30 animals (Buffalo) and went towards Dhoraiya Hatiya. It is further alleged that persons in

Patna High Court CR. MISC. No.19223 of 2023(2) dt.18-05-2023 2/3 Scorpio vehicle came there and pointed gun upon them. They snatched the mobile of informant and other person and also snatched 22,500/- rupees from the informant. It is further alleged that accused persons took away the truck of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Md.Imran, who has been granted bail vide order dated 12.01.2023, passed in Cr. Misc. No. 55945 of 2022 by the coordinate Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 14.11.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.19223 of 2023(2) dt.18-05-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barahat P.S. Case No. 148 of 2022 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 Additional District & Sessions Judge III, Banka.

(Sunil Kumar Panwar, J) Nirajkrs/- U T