Ishlam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40417 of 2021 Arising Out of PS. Case No.-189 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== ISHLAM ANSARI S/o Mubarak Ansari @ Mobarak Miyan R/O Village - Jaminiya, P.S. - Jagdishpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 189 of 2020 registered for the offence under Sections 392 of the I.P.C.

Learned counsel for the petitioner submits that due to typographical error in the 1st paragraph instead of Section 392 of the I.P.C., Sections 399, 402 and 412 of the I.P.C. and Section 25 (1-B) a , 26 and 35 of the Arms Act has been typed. Accordingly, let it be read as Section 392 of the I.P.C.

As per the First Information Report lodged by the owner of the tractor stating therein that his driver Madhai Manjhi was coming back to his home was accosted by four unknown miscreants, who assaulted the driver of the informant

Patna High Court CR. MISC. No.40417 of 2021(2) dt.27-01-2022 2/3 and fled away with the tractor.

Learned counsel for the petitioner submits that petitioner is not named in the First Information Report and he has been implicated in this case on the basis of confessional statement made by the co-accused / Jahangir Alam and Ramlal Shah . He further submits that looted tractor was not recovered from the possession of the petitioner, the petitioner was put on Test Identification Parade but the driver of the informant did not identify the petitioner which would be evident from Annexure2 to the bail petition, the petitioner is in custody since 22 / 01 / 2021 , charge sheet has already been submitted and trial is not likely to be concluded in near future.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that driver of the tractor did not identify the petitioner in the Test Identification Parade, he is in custody since 22 / 01 / 2021 , charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic , I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.40417 of 2021(2) dt.27-01-2022 3/3 the satisfaction of learned A.C.J.M.1st, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 189 of 2020 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T