Md. Asif @ Md. Asif Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64547 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== MD. ASIF @ MD. ASIF ANSARI SON OF MD. HABIB ANSARI RESIDENT OF VILLAGE ROOSERA, P.S. SAMASTIPUR DISTRICT SAMASTIPUR ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. A. Shamsi, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offences punishable under Sections 413, 414 and 212 of the Indian Penal Code.
3. As per allegation in the F.I.R., it is the case of recovery of stolen cash (Rs. 1,00,000/-) from the house of Shahnawaz Alam.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and his name came into light on the basis of confessional statement of co-accused namely, Md. Rahmat and the said cash was not recovered from the conscious possession of the petitioner and
Patna High Court CR. MISC. No.64547 of 2023(2) dt.12-10-2023 2/2 the other co-accused namely Firdaus @ Afrozi from whose possession the incriminating cash recovered has already been enlarged on bail vide order dated 11.10.2022 in Cr. Misc No. 58256 of 2022 (vide Annexure-2) and the case of the petitioner is on much better footing than that of the co-accused. Petitioner is languishing in judicial custody since 13.07.2022.
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, 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Benipur (Darbhanga), in connection with Biraul P.S. Case No. 167 of 2022. (Sunil Kumar Panwar, J) Adnan/Guddu U T