Afzal Ansari @ Afzal Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42061 of 2021 Arising Out of PS. Case No.-594 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== AFZAL ANSARI @ AFZAL MIAN S/O FUL MOHAMMAD @ FUL MOHAMMAD MIYAN R/O VILLAGE-NAYAK TOLA WARD NO.5, P.SBETTIAH TOWN, DISTRICT-WEST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tandon, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard Mr. Dilip Kumar Tandon, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sugauli P.S. Case No. 594/2019 registered for the offence punishable under Section 395 of the Indian Penal Code 1860. As per the First Information Report, three unknown miscreants surrounded the informant and snatched a sum of Rs.1,85,000/- on the gun point from the informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Vishal Kumar and he has

Patna High Court CR. MISC. No.42061 of 2021(2) dt.01-02-2022 2/3 not committed any offence in the manner alleged. Learned counsel further submits that the petitioner was in custody in Bettiah P.S. Case No. 218/2020 from which he was remanded on 3.2.2021 in the present case. He next submits that no incriminating and/or looted article has been recovered from possession of the petitioner and the petitioner has not been put on Test Identification Parade as yet.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent of similar nature of offence, he is in custody since 3.2.2021, no looted and/or incriminating article has been recovered from possession of the petitioner, the petitioner has not been put on Test Identification Parade and except the confessional statement no material has come against 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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sugauli P.S. Case No. 594 of 2019.

Patna High Court CR. MISC. No.42061 of 2021(2) dt.01-02-2022 3/3 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