Ali Hasan Ansari @ Ali Hassan Miyan @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35846 of 2023 Arising Out of PS. Case No.-339 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== ALI HASAN ANSARI @ ALI HASSAN MIYAN @ MUKHIYA Son of Chinagi Miyan Resident of village - Sirisiya, P.S. - Sathi, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zainul Abedin For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Bettiah Town Police Station Case No. 339 of 2019, dated 29.04.2019, disclosing offences under Section 392 of the Indian Penal Code.

The prosecution case, on the basis of First Information Report, is that four persons intercepted the informant and snatched a bag containing a sum of Rs. Three Lakhs.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has come on the basis of confessional statement of the co-

Patna High Court CR. MISC. No.35846 of 2023(2) dt.28-06-2023 2/3 accused and his self-inculpatory confession recorded by the police. He further submits that similarly situation co-accused persons have been granted bail by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 3411 of 2022 and 3605 of 2002. He next submits that the co-accused persons who have been granted bail by this Court were also having criminal antecedents of ten cases and the petitioner is in custody since 15.07.2021.

Regards being had to the submissions made by the parties and taking into consideration the period of custody and the fact that the charge sheet has already been submitted and the co-accused persons have been granted bail by a Co-ordinate Bench of this Court, accordingly, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection to the Bettiah Town Police Station Case No. 339 of 2019.

This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.35846 of 2023(2) dt.28-06-2023 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) ashwani/- U √ T √