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Patna High CourtCR. MISC./6070/2021bail granted

Md Shahid@Shahid Ansari@Abdul Shahid v. The State Of Bihar

2022-03-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6070 of 2021 Arising Out of PS. Case No.-109 Year-2019 Thana- EAST COLONY District- Munger ====================================================== MD SHAHID@SHAHID ANSARI@ABDUL SHAHID SON OF ATAUL ANSARI @ ATAUL MIAN RESIDENT OF TARABAHAL, P.S KARMATAND, DISTT- JAMTARA( JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Mannan Khan, Advocate Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2022 Heard Mr. Abdul Mannan Khan, learned Advocate for the petitioner and Mr. Jai Narayan Thakur, learned APP. The petitioner seeks bail in anticipation of his arrest in connection with East Colony (Jamalpur) P.S. Case No. 109 of 2019 dated 06.11.2019 instituted for the offences under Sections 406 and 420 of the Indian Penal Code and Section 66(D) I.T. Act.

It has been submitted on behalf of the petitioner that his implication in the present case is only on the basis of confession of an arrested accused person, who was put to third degree torture by the police.

Md. Jamshed Abbas Ansari is the person, who is said to have named the petitioner in the occurrence. The reason for

Patna High Court CR. MISC. No.6070 of 2021(5) dt.10-03-2022 2/2 aforesaid Jamshed Abbas Ansari to name him is that the petitioner along with others had made a public petition before the SHO of Karamtand police station for removing encroachment from a public land, which was encroached by one Mubarak Mian who is the own brother of aforesaid Jamshed Abbas Ansari. Only for this reason the petitioner has been named by him.

The petitioner has clean antecedents.

Regard being had to the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Munger in connection with East Colony (Jamalpur) P.S. Case No. 109 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T