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Patna High CourtCR. MISC./64116/2023allowed

Md. Hussain Ansari @ Tipu Sultan @ Teepu Sultan v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64116 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Md. Hussain Ansari @ Tipu Sultan @ Teepu Sultan Son Of Md. Jubair @ Md. Zubair Ansari Village- Kamar Makhdumi Road New Masjid Basepur PsBank More Dhanbad Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 324, 307, 387 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, FIR has been lodged against two unknown accused persons, against whom the allegation of firing upon the informant along with his employees after the informant received a ransom call of Rs. 20 lacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.64116 of 2023(3) dt.20-12-2023 2/3 in FIR rather his name came into light in this case on the basis of his self confessional statement before the police. No any cogent material has come against the petitioner in respect of demanding extortion money from the informant. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 03.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Fatehpur P.S. Case No. 473 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Xth, Gaya. (Sunil Kumar Panwar, J) Shubham/- U T

Patna High Court CR. MISC. No.64116 of 2023(3) dt.20-12-2023 3/3