Md. Imran Mansoori @ Imran Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54355 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- KORHA District- Katihar ====================================================== Md. Imran Mansoori @ Imran Ansari Son of Md. Salim R/O- Mavaiya, Bishanpur, P.S.- Korha, District - Katihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks.
Heard learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Korha P.S. Case No. 177 of 2022 registered for the offences under Section 392 of the Indian Penal Code. He is in custody since 07.05.2022 having no criminal antecedent as stated in paragraph '3' of the application.
As per the prosecution story, it is alleged that on 21.02.2022 the staffs of the Bandhan Bank were returning to Ktihar after collection of money from several groups of the different villages, when they reached at Mavaiya main road they
Patna High Court CR. MISC. No.54355 of 2022(2) dt.16-12-2022 2/3 saw that four persons on two motorcycles are standing near a tree and all of them, on the point of pistol, looted the whole amount from the dicky of the motorcycle including their mobiles and fled away towards the Belal Chowk. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the name of the petitioner has been dragged in the confessional statement of co-accused Md. Masood Alam in police custody and no Test Identification Parade has been conducted.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Having regard to the facts and circumstances of the case, wherein it is submitted that the petitioner has been involved in this case on the strength of a confessional statement of co-accused Md. Masood Alam in police custody, there is no independent witness, the petitioner has not been put on Test Identification Parade and he has remained in custody in connection with this case since 07.05.2022, he has otherwise no criminal antecedent and there is no submission on behalf of the State that her release is likely to result in tampering with the evidence or interfering with the course of trial, therefore, this
Patna High Court CR. MISC. No.54355 of 2022(2) dt.16-12-2022 3/3 Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M. Katihar, in connection with Korha P.S. Case No. 177 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) Rajeev/- U T