Patna High Court/61312/2023bail granted

Miyad @ Ali @ Md.Ali Ansari @ Ali Miyad v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61312 of 2023 Arising Out of PS. Case No.-352 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== Miyad @ Ali @ Md.Ali Ansari @ Ali Miyad S/O Md. Faiz Alam R/O Village- Ishopur Petrol Pump Jhoparpatti, Ps. Phulwari Sharif, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Parsa Bazar P.S. Case No. 352 of 2019 dated 20.09.2019 registered for the offences punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants boarded on Scorpio came and looted Rs. 50,000/- in cash, driving license, Aadhar Card, PAN card and ATM card of PNB and other articles on the point of pistol.

Patna High Court CR. MISC. No.61312 of 2023(2) dt.12-09-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Ajay Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five other criminal cases which are not of similar nature of offence and he is on bail in all the said criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.07.2021.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Parsa Bazar P.S. Case No. 352 of 2019, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.61312 of 2023(2) dt.12-09-2023 3/3 cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T