Md. Mahboob Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7260 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md. Mahboob Ansari Son of Md. Kamruddin Ansari, Resident of Village - Kila Larui, P.S. - Rajapakar, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-06-2021 In view of sadden surge of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Hajipur Sadar P.S. Case No.234 of 2020 registered for offence punishable under sections 413 and 414 of the Indian Penal Code.
It is alleged that stolen motor cycle has been recovered from co-accused Raja Kumar and the instant petitioner.
Patna High Court CR. MISC. No.7260 of 2021(2) dt.24-06-2021 2/3 Petitioner's counsel submits that petitioner is a poor daily wage earner and has been falsely implicated in this case. Implication has led to no recovery from the petitioner. The entire prosecution case is denied and disputed. Co-accused Raja Kumar has been allowed bail in Cr. Misc. No. 31005 of 2020. The petitioner is in custody since 13.04.2020 more than a year though he has no criminal antecedent.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed.
Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar P.S. Case No.234 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on
Patna High Court CR. MISC. No.7260 of 2021(2) dt.24-06-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) Mahesh/- U T