Tarif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63606 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== TARIF ANSARI son of Asghar Ansari Village- Ghana Chhapar Po- Hussepur Ps- Bhore Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 413/34 of the Indian Penal Code.

3. The allegation against the petitioner is that from his possession two stolen motorcycles have been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Sanjit

Patna High Court CR. MISC. No.63606 of 2023(2) dt.10-10-2023 2/3 Goswami. He submitted that as alleged in the seizure list two motorcycles was recovered from the possession of the petitioner it is wrongly stated that one TVS Apache motorcycle was wrongly stated but Engine No. OE4GG2025359 was wrongly stated but correct Engine No. OE4992025359 is a stolen motorcycle although the aforesaid TVS Apache motorcycle has been purchased by petititoner from Bullet Kumar on 10.02.2023. He further submitted that the another Hero Honda Splendor motorcycle has been recovered from the possession of the petitioner as stated in seizure list but no statement has been given in F.I.R. hence no recovery has been made for the possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63606 of 2023(2) dt.10-10-2023 3/3 satisfaction of the learned Court of C.J.M., Gopalganj in connection with Phulwariya P.S. Case No. 162 of 2023. (Sunil Kumar Panwar, J) Arish/- U T