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Patna High CourtCR. MISC./46232/2022allowed

Azmat Ansari v. The State Of Bihar

2023-02-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46232 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== Azmat Ansari Son Of Sarfuddin Ansari @ Sarfuddin Miyan Resident Of Village - Bhelwa, P.S.- Chauradano, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chiraiya P.S. Case No. 53 of 2021 registered under Section 394 of the Indian Penal Code.

Allegation against the petitioner along with coaccused persons is that they assaulted the informant and snatched his Innova Car along with some documents. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner is not named in F.I.R. rather the name of the petitioner came into light in this case on the basis of confessional statement of other co-

Patna High Court CR. MISC. No.46232 of 2022(2) dt.14-02-2023 2/2 accused, namely, Shoib Akhtar. It is further submitted that neither anything incriminating has been recovered from the conscious possession of the petitioner nor he has been put on TIP. The petitioner was not directly arrested in the present case rather he has been remanded in the present case from the Motihari Muffasil P.S. Case No. 23 of 2022. He is languishing in judicial custody since 22.02.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chiraiya P.S. Case No. 53 of 2021 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 ACJM IV, Sikrahana at Dhaka District- East Champaran.

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