Gulzar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57535 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== GULZAR ANSARI S/o Aman Ansari Resident of Village- Bhawdepur, Ward No. -16, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per the prosecution case, accused persons on the point of fire arm are said to have robbed the informant of his bag containing Rs.1.45 lacs.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation wherein it was stated by witness that the petitioner was seen going towards the place of occurrence just before the incident. It is submitted that prosecution is further relying on confessional statement of the petitioner, however neither the petitioner has any criminal

Patna High Court CR. MISC. No.57535 of 2021(3) dt.09-05-2022 2/2 antecedent nor any incriminating article has been recovered from his possession. He is in custody since 7.7.2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, no incriminating article having been recovered from the possession of the petitioner who is in custody for 10 months, the Court directs the petitioner to be enlarged on bail in connection with Riga P.S. Case no. 42 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 Chief Judicial Magistrate, Sitamarhi, District Sitamarhi.

(Partha Sarthy, J) Bibhash/- U