Md Saved Ansari @ Md Sauad Ansari @ Md Saud Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39252 of 2021 Arising Out of PS. Case No.-76 Year-2019 Thana- ANDHRATHARHI District- Madhubani ====================================================== MD SAVED ANSARI @ MD SAUAD ANSARI @ MD SAUD ANSARI Son of Kamruddin Ansari Resident of Village- Andhara, P.S.- Andhratharhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham, Advocate.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-02-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner, who is in custody since 08.10.2019, seeks regular bail in connection with Andhratharhi P.S. Case No. 76 of 2019 for the offence punishable under Sections 413 and 414 of the Indian Penal Code.

The prosecution case, in brief, is that the F.I.R. was lodged against unknown persons with respect to theft of the motorcycle of the informant bearing Registration No. BR 32 Q 7891.

Patna High Court CR. MISC. No.39252 of 2021(5) dt.21-02-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from conscious possession of the petitioner and the motorcycle was recovered from the house of one co-accused namely Santosh Kumar. Petitioner is in custody since 08.10.2019.

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

Considering the aforementioned facts and circumstances of the case, period of custody of the petitioner and nothing has been recovered from conscious possession of the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Jhanjharpur, Madhubani in connection with Andhratharhi P.S. Case No. 76 of 2019, subject to the 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

Patna High Court CR. MISC. No.39252 of 2021(5) dt.21-02-2022 3/3 properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T