Meraj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51147 of 2022 Arising Out of PS. Case No.-503 Year-2021 Thana- BANIAPUR District- Saran ====================================================== MERAJ ANSARI Son of Mokhtar Ansari R/V- Sipaha Khas P.s- Manjhagarh Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2022 The matter has been taken-up through video conference.

Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 392 of the Indian Penal Code.

Allegation is of taking away Bolero Pickup from the informant, which was loaded with 45 bags wheat and 7 bags rice, on the point of pistol.

Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.51147 of 2022(2) dt.16-12-2022 2/3 case. It is further submitted that the F.I.R. was lodged against unknown persons. Till date, no Test Identification Parade (T.I.P.) has been made and nothing has been recovered from the possession of the petitioner. The petitioner has made accused only on the basis of confessional statement of co-accused, namely, Babloo Singh @ Sudhanshu Kumar Singh. The petitioner is in custody since 04.04.2022, charge-sheet has been submitted in this case and he has two antecedents.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saran at Chapra in connection with Baniyapur P.S. Case No. 503 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

Patna High Court CR. MISC. No.51147 of 2022(2) dt.16-12-2022 3/3

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) premchand/- U T