Md Shamim @ Md Shamim Ansari @ Md Samim Ansari @ Chhote Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30417 of 2022 Arising Out of PS. Case No.-56 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Md Shamim @ Md Shamim Ansari @ Md Samim Ansari @ Chhote Ansari S/O Late Md. Muslim Ansari Resident Of Mohalla- Pathanpura, Ward No.14, Police Station- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

The state of bihar Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 457 and 380 of the Indian Penal Code.

As per the prosecution case, the informant found the lock of his cousin brother's house broken. It was later discovered that one blanket, silver statue of Laxmi and Ganesh, copper utensils, Rs. 10,000/- cash and other items worth Rs.

Patna High Court CR. MISC. No.30417 of 2022(2) dt.09-11-2022 2/3 30,000/- have been stolen.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of co-accused. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition out of which he is on bail in five criminal cases. The petitioner is in custody since 19.06.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with (Bhittha O.P.) Sursand P.S. Case No. 56 of 2021, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.30417 of 2022(2) dt.09-11-2022 3/3 cause, the prosecution will be at liberty to move for cancellation of his bail bond .

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T