Aurangjeb Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29496 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== AURANGJEB ANSARI Son of Jakir Hussain Resident of village-Sahitola Vitha, P.S.-Bettiah, District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kr. Singh, Adv.

For the Opposite Party/s :

Mrs.Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bettiah (T) P.S. Case No. 92 of 2023 registered for the offences punishable under Sections 413, 414, 420, 468 and 471 read with Section 34 of the Indian Penal Code.

As per prosecution case, petitioner was apprehended with motorcycle for which he had not shown any paper and he confessed that the said motorcycle was a stolen motorcycle. It is further alleged that petitioner purchased the said motorcycle four months ago from Vikky Kumar and Bhola Patel.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29496 of 2023(2) dt.12-06-2023 2/3 petitioner is in custody since 07.02.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner has not committed any offence and he has falsely been implicated in the present case.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Bettiah (T) P.S. Case No. 92 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.29496 of 2023(2) dt.12-06-2023 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T