Saif Ali Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45340 of 2023 Arising Out of PS. Case No.-755 Year-2022 Thana- BAGHA District- West Champaran ====================================================== SAIF ALI ANSARI Son of Farman Mian Resident of village - Tunhiya Bishunpur, P.S.- Manuapul Bettiah, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 of the Indian Penal Code.

As per prosecution case, the allegation against unknown miscreants is that they took away the motorcycle of the informant bearing Reg. No. BR22T-9373. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further

Patna High Court CR. MISC. No.45340 of 2023(2) dt.28-07-2023 2/2 submitted that looted motorcycle has not been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 15.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bagaha P.S. Case No. 755 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist ACJM Bagaha, West Champaran.

(Sunil Kumar Panwar, J) Manishkumar/- U T