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Patna High CourtCR. MISC./51447/2023allowed

Jainullah Ansari @ Zainullah Ansari v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51447 of 2023 Arising Out of PS. Case No.-488 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== Jainullah Ansari @ Zainullah Ansari Son Of Nasiruddin Ansari Vill Turmoriya Tola, Ward No. 01, Raxaul, Ps- Raxaul, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 324, 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, two unknown miscreants boarded on a motorcycle fired on the informant, his son and wife causing injuries to the informant and his wife due to non-fulfillment of

Patna High Court CR. MISC. No.51447 of 2023(3) dt.29-08-2023 2/3 extortion demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 31.03.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul (Hariya) P.S.

Patna High Court CR. MISC. No.51447 of 2023(3) dt.29-08-2023 3/3 Case No. 488 of 2022.

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