Md. Nazir Ansari @ Bullet Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40845 of 2021 Arising Out of PS. Case No.-512 Year-2019 Thana- RAJAON District- Banka ====================================================== MD. NAZIR ANSARI @ BULLET ANSARI S/o Munna Ansari R/o villageTaljhari, P.S.- Deodar, District- Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Md. Najmul Hodda, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sessions Trial No. 117 of 2020 arising out of Rajoun P.S. Case No. 512 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 13.11.2020 passed in Cr. Misc. 20859 of 2020 with liberty to renew his prayer for grant of regular bail after six months. The prosecution story is that four unknown persons looted a truck and the name of petitioner has come after

Patna High Court CR. MISC. No.40845 of 2021(2) dt.25-08-2021 2/3 recovery of the truck from a lonely place.

Learned counsel for the petitioner submits that the petitioner has been dragged in this case only on the basis of suspicion, and looted article or any other incriminating article, has not been recovered from his possession, and the petitioner has not been put on Test Identification Parade also. Learned counsel further submits that the petitioner is in custody since 23.12.2019 and the trial is not likely to be concluded in near future due to Covid-19 pandemic.

Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the trial is not likely to be concluded in near future due to Covid 19 pandemic, the petitioner is in custody since 23.12.2019 and this is second attempt for grant of regular bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Banka, in connection with Sessions Trial No. 117 of 2020 arising out of Rajoun P.S. Case No. 512 of 2019 subject to the

Patna High Court CR. MISC. No.40845 of 2021(2) dt.25-08-2021 3/3 condition that one of the bailors shall be the resident of the territorial jurisdiction of the learned court below. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T