Imteyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22297 of 2018 Arising Out of PS. Case No.-206 Year-2016 Thana- BARUN District- Aurangabad ====================================================== Imteyaz Ansari, son of Jalil Ansari @ Md. Jalil Driver, resident of VillageIshari, P.S.- Nimiya Ghat, District- Giridih (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Barun P.S. Case No. 206 of 2016, G.R. No. 2253 of 2016 registered for the offence punishable under Section 394 of the Indian Penal Code.

The prosecution case, as lodged by the driver of the truck, is that while he had loaded 20 tones of sugar and was on the way, some miscreants entered in his truck, intoxicated him and the cleaner, threw them out of the truck and fled away with the loaded truck and cash with mobile.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the

Patna High Court Cr.Misc. No.22297 of 2018(2) dt.19-04-2018 2/3 First Information Report and the petitioner has been remanded in the present case as he was earlier arrested in Madanpur P.S. Case No. 214 of 2017 and is languishing in judicial custody in the present case since 15.12.2017. He submits that after the present case, petitioner has been remanded in four more cases and five cases are also evident from the case diary, but he has not yet been remanded in those cases. He submits that no Test Identification Parade has been done so far and some of the co-accused, who have also been arrested, have since been granted the privilege of bail by coordinate Benches of this Court in Cr. Misc. No. 10174 of 2018 vide order dated 21.02.2018 and Cr. Misc. No. 9262 of 2018 vide order dated 08.03.2018.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Aurangabad in connection with

Patna High Court Cr.Misc. No.22297 of 2018(2) dt.19-04-2018 3/3 Barun P.S. Case No. 206 of 2016, G.R. No. 2253 of 2016.

(Nilu Agrawal, J.) Arjun/- U T