Jubrail Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37905 of 2022 Arising Out of PS. Case No.-286 Year-2022 Thana- BANKA District- Banka ====================================================== Jubrail Ansari Son Of Late Sarafat Ansari R/O Village- Korra, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Banka P.S. Case No. 286 of 2022 lodged under Sections 392/394 of the I.P.C.

As per the prosecution case, the allegation of robbery is there in the F.I.R. against 3 unknown criminals. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He is not named in the F.I.R. He further submits that his name has figured in this case by the confessional statement of the co-accused. Nothing was recovered from his possession. Save and except the

Patna High Court CR. MISC. No.37905 of 2022(2) dt.30-09-2022 2/3 cash of Rs. 2500/- which he claims to be his own money. He was not put on T.I.P. and in custody since 11.05.2022. On the point of his criminal antecedent, counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 286 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.37905 of 2022(2) dt.30-09-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T