Jairul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9247 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- KATORIYA District- Banka ====================================================== Jairul Ansari Son Of- Anshu Miyan Resident Of Village-Gormara, PsKatoria, Dis-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Katoria P.S. Case No. 61 of 2020 registered for the offence punishable under Section 394 of the Indian Penal Code.

Allegation, as per the F.I.R., is that petitioner along with one other co-accused person looted cash of Rs. 1,15,000/-, three thousand rupees, Adhar Card, Pan Card, U.K. Bank ATM and two A.T.M. Cards of S.B.I. A.T.M. etc. from the informant while he was going to his C.S.P. Branch with his associate Ashutosh Anand. It is alleged that informant is an employee of C.S.P..

Patna High Court CR. MISC. No.9247 of 2021(3) dt.08-09-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. Petitioner has not been put on T.I. parade. He submits that there is nothing in record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Ramanand Yadav which has no evidentiary value in the eye of law. He further submits that similarly situated co-accused persons has been granted bail by different Co-ordinate Benches of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail application and he is languishing in custody since 17.04.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Katoria P.S. Case No. 61 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T