Shahnawaz Ansari @ Shahanavaj Ansari @ Shahnawaz @ Chhotu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63709 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- AMARPUR District- Banka ====================================================== SHAHNAWAZ ANSARI @ SHAHANAVAJ ANSARI @ SHAHNAWAZ @ CHHOTU MIYAN Son of Md. Rajjak Miyan @ Mohammad Rajak Ansari Resident of Village- Takat Banhara, Police Station- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Sections 395, 412 of the Indian Penal Code. The learned counsel for the petitioner submits the petitioner is in custody since 19.06.2021, charge-sheet has been submitted and has antecedent of one case and informant alleges that on 19.03.2021, he was carrying sand on his truck and was going to Katihar and near Dumrava High School, he saw some miscreants looting truck driver on which informant protested but the miscreants looted mobile and Rs. 15,00/- from the informant. Further, the police arrived and two criminal, Vishal and Md. Irshad was arrested and Vishal disclosed the name of petitioner and other accused who had fled away from the place of occurrence.

Patna High Court CR. MISC. No.63709 of 2021(3) dt.29-03-2022 2/2 The learned counsel for the petitioner submits that petitioner has not been arrested on the spot and his name has came on the confessional statement of the co-accused before the police which has no evidentiary value. The learned counsel further submits that no looted article was recovered from the possession of the petitioner after his arrest nor even put on T.I. Parade. The learned APP vehemently opposes the bail application. Considering the fact the petitioner is in custody since 19.06.2021, chargesheet has been submitted and was not arrested from the spot and his name transpired in the confessional statement of the co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amarpur P.S. Case No. 139 of 2021 with a condition that one of the bailor shall be the father of the petitioner (Md. Rajjak Miyan @ Md. Rajak Ansari).

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T