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Patna High CourtCR. MISC./42265/2023allowed

Tabrej Ansari v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42265 of 2023 Arising Out of PS. Case No.-260 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Tabrej Ansari Son Of Musafir Miyan Resident Of Village - Mahavirpur, Ward No. 12, P.S. - Jogapatti, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code.

It is a case of commission of robbery of mobile phones and other articles.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.42265 of 2023(2) dt.28-07-2023 2/3 been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner and he has been sprang up in the present case on the basis of confessional statement of co-accused Sunil Kumar. The petitioner is languishing in custody since 14.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other co-accused has been granted bail by a coordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 38333 of 2023. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection

Patna High Court CR. MISC. No.42265 of 2023(2) dt.28-07-2023 3/3 with Bettiah Town P.S. Case No. 260 of 2023.

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