Md. Kayum Ansari @ Kayum Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37501 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Md. Kayum Ansari @ Kayum Ansari S/o Md. Serajul Haque R/o VillageBhagwanpur Ratti ( Rukunpur) P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2021 Heard both parties.

The petitioner seeks bail in Vaishali P.S. Case No. 146 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code.

As per the prosecution case, on 19.04.2019 at about 11.30 pm when the informant reached near cold storage from his pick-up van, one Bolero vehicle overtook his van and one person in uniform and seven persons in civil dress got down from the said Bolero and snatched away mobile, cash and papers. It is further alleged that two miscreants fled away with his pick up van.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of coaccused Sonu Kumar. No incriminating article has been

Patna High Court CR. MISC. No.37501 of 2020(3) dt.16-03-2021 2/2 recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 24.08.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Vaishali P.S. Case No. 146 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T