Wasim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30113 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== WASIM ANSARI S/o Late Idrish Ansari R/o village- Chandapuar @ Chandapar, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 & 379 of the Indian Penal Code.

The allegation against the petitioner is that he found the bag of the informant containing cloths, cash and golden ornaments but when he returned the bag golden ornaments worth Rs.5 lakhs were missing. He agreed to pay Rs.4,00,000.00 in four installments but he did not do so. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.30113 of 2021(2) dt.05-01-2022 2/3 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case at instance of his enemies. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

Petitioner undertakes to pay Rs.4,00,000.00 (Rupees Four Lakhs) to the informant in four installments within one year. He undertakes to pay Rs.1,00,000.00 (Rupees One Lakh) at the time of furnishing his provisional bail bond and the rest amount shall be paid by him in three equal installments within one year.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, subject to deposit of Rs.1,00,000.00 (Rupees One Lakh) and the same shall be handed over to the informant and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jehanabad P.S. Case No. 29 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.30113 of 2021(2) dt.05-01-2022 3/3 The rest amount of Rs.3,00,000.00 (Rupees Three Lakhs) shall be paid by the petitioner to the informant in three equal installments within one year. The provisional bail of the petitioner shall be confirmed by the learned Court below after full and final settlement, as per his undertaking. If the petitioner fails to abide by his undertaking, as aforesaid, the learned Court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) Trivedi/- U T