Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33938 of 2021 Arising Out of PS. Case No.-26 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== IMRAN ANSARI S/O SALAHUDDIN ANSARI R/O VILLAGE-CHENARI, P.S.-CHENARI, DISTRICT-ROHTAS AT SASARAM.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal- Sr. Advocate Mr. Raghunandan Kumar Singh- Advocate Ms. Riya Singh- Advocate For the Opposite Party/s :

Mr. Shailendra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard the learned senior counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sasaram (M) P. S. Case No.26 of 2021, instituted for the offences under Sections 406, 420 of the Indian Penal Code and later on, Sections 395, 412.

The learned senior counsel for the petitioner submits that the petitioner is in custody since 23.01.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned senior counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that being a proprietor

Patna High Court CR. MISC. No.33938 of 2021(2) dt.01-12-2021 2/3 of Sri Sukriti Deo Ji Trading, Chenari that on 12.01.2021 his goods were loaded on a vehicle bearing No.CG-15DT-1518 through Raju Roadways, Rajpur and proceeded under partnership of Pramod Kumar Jaiswal and Rajiv Ranjan Agrawal to Chenari and on 16.01.2021 at 5.14 hours the vehicle owner gave information by phone and asked the informant that whether the vehicle is arrived or not. On this, informant replied that the vehicle was not arrived at his destination. Thereafter, again after five minutes, information was given by phone that the vehicle was stolen away near Bindawan hotel and driver, Khalasi of the vehicle were kidnapped, but were released at Sultani Valley by a Bolero vehicle. Accordingly, F.I.R. was instituted on the basis of suspicion that vehicle owner under conspiracy of driver and Khalasi of the vehicle has conspired the said occurrence.

Learned senior counsel for the petitioner submits that the petitioner is not named in the F.I.R. His name has transpired in the confessional statement of co-accused Sanjay Kumar, who disclosed during the course of investigation that this petitioner had purchased the alleged Chiraunji, which was being carried in the said truck. Learned counsel further submits that petitioner is a businessman and is a respectable person and he purchased the

Patna High Court CR. MISC. No.33938 of 2021(2) dt.01-12-2021 3/3 said article without knowing the fact that it was stolen one. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 23.01.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P. S. Case No.26 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T