Meraj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43828 of 2022 Arising Out of PS. Case No.-738 Year-2021 Thana- MADHAURAH District- Saran ====================================================== MERAJ ANSARI Son of Mokhtar Ansari Resident of village- Sipah Khas P.S- Manjhagarh, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhowrah P.S. Case No. 738 of 2021 registered for the offences punishable under Sections 395 and 412 of I.P.C . As per prosecution case, from the shop of informant Rs. 2,00,000/- as well as jewelery, money and costly clothes from the house were taken away by three unknown miscreants and the case has been lodged against three unknown persons.

Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has been transpired

Patna High Court CR. MISC. No.43828 of 2022(2) dt.23-11-2022 2/3 in the case upon the confessional statement of co-accused Braj Kishor Kumar as mentioned in impugned order. Except confessional statement of co-accused there is nothing on record to demonstrate the complicity of present petitioner with the alleged occurrence. He further submits that petitioner is in custody since 25.03.2022 and bears criminal antecedent of one case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that looted mobile was recovered from coaccused Dablu Singh. He further submits that no TIP was conducted. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is quite innocent and falsely implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, nothing has been recovered from his possession as submitted, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on

Patna High Court CR. MISC. No.43828 of 2022(2) dt.23-11-2022 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M Saran at Chapra in connection with Madhowrah P.S. Case No. 738 of 2021 , subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T