Noor Mohammad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26381 of 2024 Arising Out of PS. Case No.-467 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Noor Mohammad Ansari son of Kajum Ansari Vill- Bara Boarijor, P.S. Boarijor District- Godda, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pirpainti P.S. case No. 467 of 2023 instituted for the offences under Sections 379, 411, 34 of the Indian Penal Code and Sections 25(1)(b), 25(1)(a), 26 of the Arms Act.

3. It is alleged that, on the alleged date and time, the petitioner was stealing oil from the truck of the informant. Seeing this, the informant raised voice and, thereafter, 10-12 truck drivers gathered there and caught that person. On search, one loaded three nut, two gallons of 45 litre filled with diesel and two plastic pipes were recovered.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.26381 of 2024(2) dt.08-04-2024 2/2 present case merely due to suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the alleged recovery. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2023 and has no 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, clean antecedent 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, after framing of charge, if not already framed 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 withPirpainti P.S. case No. 467 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T