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Patna High CourtCR. MISC./38116/2023allowed

Md. Sonu Ansari v. The State Of Bihar

2023-07-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38116 of 2023 Arising Out of PS. Case No.-115 Year-2021 Thana- KATIHAR (R.T) District- Katihar ====================================================== Md. Sonu Ansari Son Of Jafar Ansari, R/O Driver Tola, Ward No 15, P.S.- Katihar Town, Distt.-Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411 of the Indian Penal Code.

As per FIR, co-accused person was apprehended on railway platform and from his possession some cash, four blades, Aadhar card on the name of others were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of apprehended co-accused person.

Patna High Court CR. MISC. No.38116 of 2023(2) dt.04-07-2023 2/2 The petitioner was not apprehended on the spot and he is also not named in the FIR and nothing incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 13.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Katihar P.S. Case No. 115 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Katihar.

(Sunil Kumar Panwar, J) lata/- U T