Md. Mujaffar Ansari @ Mujaffar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71518 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- AMAS District- Gaya ====================================================== MD. MUJAFFAR ANSARI @ MUJAFFAR ANSARI S/o Murtuza Ansari @ Mohammad Murtuza R/o village- Bela, P.S.- Gurua, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Amas P.S. Case No. 08/2020 registered for the offence punishable under Section 392 of the Indian Penal Code.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 3.9.2020 passed in Cr. Misc. 20178 of 2020.
The allegation against the petitioner as per the First Information Report is that he along with other accused persons, intercepted the Bolero (Pick-up van) of the informant, in which goods (white Til) was being transported, and looted the goods along with the vehicle in question.
Patna High Court CR. MISC. No.71518 of 2021(4) dt.02-03-2022 2/3 Learned counsel for the petitioner submits that the petitioner is in custody since 5.1.2020 and charge sheet has been submitted under Section 395 and 412 of the Indian Penal Code and the case has been committed to the Court of Session on 25.2.2022.
It appears that earlier the bail application of the petitioner was rejected on the ground that in the Test Identification Parade, the informant had identified the petitioner and on the disclosure of the petitioner looted vehicles as well as goods had been recovered. The petitioner is in custody since 5.1.2020.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner has got no criminal antecedent and according to the informant, in the Test Identification Parade, the petitioner was only found sitting in the Scorpio vehicle which overtook Bolero(Pick-up van) loaded with white Til and which was taken away by the other two co-accused persons, I am inclined to grant regular bail to the petitioner after framing of charge. Accordingly, let the petitioner, above named, be released on regular bail, after framing of charge, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.71518 of 2021(4) dt.02-03-2022 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Distt. Gaya, in connection with Amas P.S. Case No. 08/2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J) S.Ali/- U T