Patna High CourtCR. MISC./54445/2023bail granted

Md. Shahid Ansari v. The State Of Bihar

2023-11-09Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54445 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== MD. SHAHID ANSARI SON OF MD. ISRAFIL ANSARI RESIDENT OF MILKI DOSTAINI P.O. HASAI P.S. DHANKUND DISTRICT BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate.

For the Opposite Party/s :

Mr.Nityanand, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-11-2023 Heard Mr. Diwakar Upadhyaya, learned counsel appearing on behalf of the petitioner and Mr. Nityanand, learned APP for the State.

2. As prayed for, learned counsel appearing on behalf of the petitioner is permitted to make necessary correction in Para-5 of the bail application in course of the day.

3. The petitioner seeks pre-arrest bail in connection with Tatarpur P.S. Case No. 93 of 2022 registered for the offence punishable under Section 379/34 of the Indian Penal Code.

4. Allegation is of commission of theft of five mobile phones, ATM Cards and other valuable articles from the house of the informant. The F.I.R. of the occurrence is against unknown.

Patna High Court CR. MISC. No.54445 of 2023(3) dt.09-11-2023 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner has surfaced in the case on the basis of confessional statement of two coaccused namely Junaid Raja and Md. Usman as it would appear from Para-42 and 57 respectively of the case diary. It is further submitted that the confessional statement in police custody has no evidentiary value in the eye of law. Petitioner is not named in the F.I.R. Petitioner has clean antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

7. Considering the nature of allegation made against the petitioner and the fact that the name of the petitioner has surfaced in the case on the basis of confessional statement of coaccused which has no evidentiary value in the eye of law, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Bhagalpur in connection with Tatarpur P.S. Case No. 93 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.54445 of 2023(3) dt.09-11-2023 3/3

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically loose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T