Ashif @ Anshu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40946 of 2020 Arising Out of PS. Case No.-1052 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== ASHIF @ ANSHU KHAN Son of Md. Aftab Alam Resident of Village - Anwarpur Chowk, P.S.- Hajipur Town, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Nilesh Kumar Udbhav, Advocates For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Town P.S. Case no. 1052/2019 registered under section 395 of the Indian Penal Code to which section 397 of the Indian Penal Code was added subsequently.

As per allegation in the first information report, it is stated by the informant that 6 - 7 accused persons entered the Finance Company of which the informant is the Branch Manager. The Branch Manager and the employees were taken into custody and 55.7 kgs of gold (aprox.) besides other articles as mentioned in the first information report were looted. It is submitted by learned counsel for the petitioner that the first information report was registered against 6 - 7 unknown. The name of the petitioner transpired in the

Patna High Court CR. MISC. No.40946 of 2020(3) dt.25-03-2021 2/2 confessional statement of co-accused Nishant Kumar Jha made before the police. No incriminating article has been recovered from the person or possession of the petitioner as a result of the said confessional statement. The petitioner is in custody since 2.12.2019 i.e. for more than one year but although chargheseet has been submitted in the case, he has not been put on T.I. parade.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the petitioner not having been put on T.I. parade inspite of being in custody since 2.12.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hajipur Town P.S. Case no. 1052/2019 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T