Afzal Ansari@Afzal Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4859 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== AFZAL ANSARI@AFZAL MIAN Son of Phool Moh. Mian @ Chokati Mian Resident of Mohalla-Naya Tola, Indira Chowk, Ward No.-15, P.S.-Bettiah Town, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Bettiah Town Police Station Case No. 116 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution story, as per the First Information, is that four unknown persons entered into the Mahindra Finance Company, Bettiah Branch, and looted a sum of Rs. 1,01,400/- from the cash counter and Rs. 1,03,000/- from one Raj Kumar Mishra.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.4859 of 2021(3) dt.24-06-2021 2/3 petitioner has falsely been implicated in this case on the basis of self-inculpatory statement of the petitioner and except this statement, no material has been brought by the police in course of investigation to connect the petitioner with the alleged offence. He further submits that the petitioner has not been put on Test Identification Parade and no looted money and/or any incriminating material has been recovered from the possession of the petitioner. He next submits that the petitioner is in custody since 11.04.2020, having no criminal antecedent and charge sheet has been submitted in this case and as such there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that no incriminating and/or looted amount has been recovered from the possession of the petitioner, the petitioner is in custody since 11.04.2020, having no criminal antecedent and charge sheet has been submitted in this case, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.4859 of 2021(3) dt.24-06-2021 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Bettiah Town Police Station Case No. 116 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √