Khursheed Ansari @ Manghil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38361 of 2024 Arising Out of PS. Case No.-34 Year-2023 Thana- NATWAR District- Rohtas ====================================================== Khursheed Ansari @ Manghil Son Of Phul Mohammad @ Fulamohamad Ansari Resident Of Village- Itarahi Police Station- Itrahi, District- Buxar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the State :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Natwar P.S. Case No. 34 of 2023 registered for the offences punishable under Section 395 and later under Section 412 added of the Indian Penal Code.
3. As per prosecution case, the petitioner along with other co-accused persons snatched the motorcycle, mobiles and cash of Rs.1000/- on the gun point from the informant and his friend.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.38361 of 2024(2) dt.22-05-2024 2/3 implicated in this case. He further submits that the petitioner is not named in the FIR, the name of the petitioner has figured on the basis of confessional statement of co-accused person namely Rohit Kumar Thakur and no any looted articles has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is in custody since 20.09.2023 and other co-accused persons have already been granted bail by this Court and other learned coordinate Bench of this Court vide orders dated 07.11.2023 passed in Cr. Misc. No. 70574 of 2023, 20.02.2024 passed in Cr. Misc. No. 7133 of 2024, 29.02.2024 passed in Cr. Misc. No. 79755 of 2023 and 06.03.2024 passed in Cr. Misc. No. 14329 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the First Informant Report, impugned order dated 23.02.2024 and seizure list and period of custody and also considering the aforesaid facts and circumstances of the case and submissions
Patna High Court CR. MISC. No.38361 of 2024(2) dt.22-05-2024 3/3 made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount to the satisfaction of learned 1st Additional Sessions Judge, Rohtas at Sasaram in connection with Natwar P.S. Case No. 34 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) vinayak/- U T