Md. Dilkash Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27913 of 2024 Arising Out of PS. Case No.-469 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Dilkash Ansari Son of Md. Afroj Ansari @ Md. Aphroj Ansari Resident of Village - Boaridih, P.S. - Gaighat, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bochahan P.S. Case No. 469 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

3.

Prosecution case in short is that when the informant was going to Rohtas, he parked his motorcycle at Surfuddinpur over bridge and he went to urinate. Subsequently, when he returned back, he could not find his motorcycle. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-01-2024. Petitioner

Patna High Court CR. MISC. No.27913 of 2024(2) dt.29-04-2024 2/3 bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of his self-confessional statement taken during the course of investigation. It is alleged that the motorcycle in-question has been recovered from the house of co-accused, namely, Pankaj Kumar Singh. It is submitted that petitioner has no concern with the recovered motorcycle. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

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 Bochahan

Patna High Court CR. MISC. No.27913 of 2024(2) dt.29-04-2024 3/3 P.S. Case No. 469 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T