Md Sauad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8902 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- ANDHRATHARHI District- Madhubani ====================================================== Md. Sauad Ansari aged about 21 years, son of Kamrudin Ansari, Resident of village- Andhara, Police Station Andharathari, District- Madhubani. ... ... Petitioner

Versus

The State of Bihar ... ... Opp Party ====================================================== Appearance :

For the Petitioner :

Mr. Ratnakar Jha Advocate For the State :

Mr. Kalyan Shankar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-07-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Andharatharhi PS Case No.73 of 2019, GR No.1581 of 2019, instituted for the offence under Section 379 of the Indian Penal Code.

The informant has alleged that his motorcycle has been stolen by unknown persons.

The learned counsel for the petitioner submits that owing to his criminal antecedents in two cases, prior to the instant case, he has falsely been implicated in this case also. He is in custody since 15.06.2020 and recovery is not from the petitioner's

Patna High Court CR. MISC. No.8902 of 2021(4) dt.26-07-2021 2/2 possession. The material in the case dairy to this effect is false. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate-III, Jhanjharpur, in connection with Andharatharhi PS Case No.73 of 2019, GR No.1581 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving 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 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) shyambihari/- U T