Pappu Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22809 of 2020 Arising Out of PS. Case No.-135 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== PAPPU ANSARI Son of Late Motin Ansari Resident of Village-Jigna Narapatti (Jigna Jagarnath), Police Station-Mirganj, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged that after collecting money from various shop keeper, when he was going to the house of Krishna Mohan Prasad, all of a sudden, two persons came and snatched his bag, which contained articles i.e. Adhar Card, owner book of the motorcycle, Voter card, PAN card etc. and the accused persons thereafter fled away after opening fire. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to previous enmity. Petitioner is not named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused and except the said confessional
Patna High Court CR. MISC. No.22809 of 2020(2) dt.10-09-2020 2/3 statement, there is no any other incriminating material against the petitioner. It is alleged that petitioner was seen in CC TV footage however nothing is unusual about it as petitioner is resident of same locality. Similarly placed co-accused Solzar Miyan has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. Petitioner is in custody since 19.03.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mirganj P.S. Case No. 135 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.22809 of 2020(2) dt.10-09-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U