Mahmood Ansari @ Md. Mahmood Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5998 of 2021 Arising Out of PS. Case No.-397 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== MAHMOOD ANSARI @ MD. MAHMOOD ANSARI S/o Late Zamir Ansari Resident of Village-Mathuri, Police Station-Dalmiya Nagar, District-Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kunwar Narayan Jamuar, Advocate For the Opposite Party/s :
Mr.Dilip Kr. No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-05-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Civil Line P.S. Case No.397/2019 registered for the offence punishable under Section 379 of the Indian Penal Code.
The prosecution case in short is that the four wheeler Scorpio vehicle of the informant was stolen from the front of the house of driver Ranjit Kumar. It is alleged that due to G.P.S. installed in the said vehicle, they traced the vehicle which was standing at the Garage in Dahari-on-Sone, Rohtas, owned by the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. During
Patna High Court CR. MISC. No.5998 of 2021(3) dt.31-05-2021 2/3 investigation, police reached the said Garage owned by the petitioner and on search, recovered the Number Plate of the stolen Scorpio in presence of Garage Mechanic and accordingly seizure list was prepared. On the statement of coaccused Kishor Chaudhari, the name of the petitioner has been dragged in this case. Infact the petitioner worked in Abroad for long time and in his absence, the mechanic was all in all of the garage but at present in the presence of petitioner, he felt difficulties to earn extra money, as such, he implicated the petitioner in this case. It appears that the FIR was lodged after 10 hours of the occurrence, for which no cogent reason was explained in the FIR. Similarly situated co-accused was granted bail vide order dated 13.12.2019 passed in Cr. Misc. No.82776/2019 by a co-ordinate Bench of this court. The petitioner has no criminal antecedent and has been languishing in custody since 14.08.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with
Patna High Court CR. MISC. No.5998 of 2021(3) dt.31-05-2021 3/3 Civil Line P.S. Case No.397/2019.
(Anjani Kumar Sharan, J) pallavi/- U T