Patna High CourtCR. MISC./65371/2021bail granted

Rustam Ansari @ Md. Rustam v. The State Of Bihar

2022-04-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65371 of 2021 Arising Out of PS. Case No.-291 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Rustam Ansari @ Md. Rustam, S/O- Majrool Ansari Resident Of VillageJumman Chowk, Forbesganj, District- Araria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 01.07.2021, charge-sheet has been submitted in this case and has antecedent of five cases. The learned counsel for the petitioner further submits that the informant alleges that his motorcycle was stolen by unknown accused persons. It is further alleged that some people disclosed that sometimes before the occurrence, the petitioner along with Kurban Ansari were seen roaming around the place of occurrence.

Patna High Court CR. MISC. No.65371 of 2021(2) dt.11-04-2022 2/2 The learned counsel for the petitioner submits that the date of occurrence is 15.04.21 and the F.I.R. has been instituted on 20.04.2021 without any plausible explanation for the delay. It is also submitted that the petitioner has been implicated merely on the basis of suspicion, because of his antecedent and no incriminating article has been recovered from his possession. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and there is an inordinate delay in instituting the F.I.R., the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Forbesganj P. S. Case No.291 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T