Patna High CourtCR. MISC./34491/2016bail granted

Md. Matin Ansari v. The State Of Bihar

2016-09-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34491 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -KURSAKANTA District- ARRARIA ====================================================== Md. Matin Ansari Son of Late Nezam Ansari, resident of Village Ashabhag Batraha, P.S. Kursakanata, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-09-2016 Heard Sri Sanjay Kumar Sharma, learned counsel for the petitioner and learned A.P.P.

The sole petitioner apprehending his arrest in Kursakanata (Sonamari Gudam ) P.S. Case No. 102 of 2015 registered for the offence under section 341/ 342/ 323/448/379/ 354(A)/ 307 /504 of the Indian Penal Code has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that on perusal of the F.I.R. it is evident that whatever allegation has been made against the petitioner that was made only with a view to exaggerate the allegation that petitioner had removed the box containing Rs. 5000/- from the house of the informant otherwise there is no other accusation against the petitioner. He

Patna High Court Cr.Misc. No.34491 of 2016 (2) dt.01-09-2016 2/2 submits that on trivial issue in between petitioner's side and informant side dispute arose and finally the present F.I.R. was lodged that too belatedly. In the F.I.R. it has been alleged that occurrence had taken place on 16.7.2015 whereas F.I.R. has been lodged on 20.7.2015.

Keeping in view the nature of accusation as well as the fact that F.I.R. was lodged belatedly , in the event of arrest or surrender within a period of six weeks from today, let the petitioner Md. Matin Ansari be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Araria / concerned court in connection with Kursakanata ( Sonamari Gudam) P.S. Case No. 102 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure .

(Rakesh Kumar, J) Praful/- U T