Khursheed Ansari @ Manghil @ Manzhil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43439 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- DINARA District- Rohtas ====================================================== Khursheed Ansari @ Manghil @ Manzhil Son Of Phul Mohammad @ Fulamohamad Ansari Resident Of Vill- Itarhi, P. S.- Itarhi, District-Buxar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dinara P.S. Case No. 76 of 2023 instituted for the offences under Section 392 of the Indian Penal Code and later on substituted by Sections 395 and 412 of the IPC.
3. As per prosecution case, some unknown miscreants on the point of pistol snatched the motorcycle and cash of Rs. 3,000/- from the informant thereafter fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the
Patna High Court CR. MISC. No.43439 of 2024(2) dt.24-06-2024 2/3 petitioner has come into light on the basis of confessional statement of co-accused Mohan Yadav. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 03.04.2024 passed in Cr. Misc. No. 76 of 2023. The petitioner is in custody since 22.08.2023 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dinara P.S. Case No. 76 of 2023, Subject to following conditions:
(i) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.43439 of 2024(2) dt.24-06-2024 3/3 the family of the petitioner.
(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Arish/- U T