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Patna High CourtCR. MISC./66395/2023bail granted

Panchu Ansari v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66395 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- CHAKAI District- Jamui ====================================================== PANCHU ANSARI SON OF ISMILE ANSARI @ ISRAIL MIYA RESIDENT OF VILLAGE - EKTARA, P.S. - CHAKAI, DISTRICT - JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.434 of 2023 (arising out of Chakai P.S. Case no.286 of 2022) registered under sections 307, 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 27 of the Arms Act.

3. As per the prosecution case, on information having been received by the police personnel about the accused persons having gathered and planning to give effect to an occurrence, it is stated that the police party reached the place of occurrence. The firing started from the side of the accused and there was exchange of firing. Taking benefit of darkness, it is stated that the accused persons escaped. It is further stated that the local Chowkidar identified some of the accused persons which

Patna High Court CR. MISC. No.66395 of 2023(2) dt.17-10-2023 2/3 included the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents and enmity with the local Chowkidar. No person was injured in the entire alleged occurrence. The petitioner is in custody since 2.2.2023 and some of the accused have also been enlarged on anticipatory bail.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., no person having been injured in the entire occurrence, the petitioner having remained in custody for 8 months since 2.2.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.434 of 2023 (arising out of Chakai P.S. Case no.286 of 2022) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V, Jamui.

(Partha Sarthy, J) Saurabh/- U T

Patna High Court CR. MISC. No.66395 of 2023(2) dt.17-10-2023 3/3