Patna High CourtCR. MISC./39223/2019bail granted

Sarfaraz Ansari v. The State Of Bihar

2019-08-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39223 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== SARFARAZ ANSARI Son of Akbar Hussain Resident of Village- Gamhari Sauru Bhauru, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Fatehpur (Gurpa O.P.) P.S. Case No. 02 of 2019, instituted for the offence under Section(s) 392 of the Indian Penal Code and Sections 25(1-b)A and 26 of the Arms Act.

It is alleged in the written report that informant after withdrawing Rs.1,30,000/- from SBI ATM was going to CSP Branch by Motorcycle, three miscreants over took him from their Motorcycles and snatched his bag containing Rs.1,30,000/-, lap top and one Mobile Phone at the point of pistol. It is further alleged that villagers disclosed before the informant the name of petitioner and other accused persons who had committed the occurrence.

Patna High Court CR. MISC. No.39223 of 2019(3) dt.20-08-2019 2/2 During investigation, Police seized Rs.50,000/- and firearms from possession of petitioner in presence of seizure list witness namely, Vikas Kumar. The statement of Vikas Kumar has been recorded in paragraph-8 of the case diary. Counsel for the petitioner submits that petitioner is in custody since 3.1.2019 having clean antecedent. He is not named in the written report. No Test Identification Parade of currency note has been held.

Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-10, Gaya, in connection with Fatehpur (Gurpa O.P.) P.S.Case No. 02 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T