Jafir Ansari @ Jafir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67822 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- SUIYA District- Banka ====================================================== Jafir Ansari @ Jafir Miyan, Son of Ibrahim Ansari, Resident of village - Hathiyapathar, P.S.- Suiya, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard Mr. Brij Nandan Prasad, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Suiya P.S. Case No. 139 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly the informant, who was working as a Relationship Officer in Bandhan Bank and while he was returning after collecting an amount of Rs. 56,200/-, in the way, he was intercepted by three miscreants and on the point of

Patna High Court CR. MISC. No.67822 of 2022(2) dt.27-02-2023 2/3 pistol, they snatched the cash amount of Rs. 56,200/-, mobile and other valuables.

Learned counsel appearing on behalf of the petitioner submits that the FIR has been instituted against unknown miscreants, however, during the course of investigation, one "Azad Ansari", was apprehended by the police and the name of the petitioner transpired in the confessional statement of the said co-accused person. He further submits that the petitioner, having fair antecedent, is in custody since 15.09.2022, however, till date he has neither been put on Test Identification Parade nor any incriminating material has been recovered from his person or possession, moreover, the investigation of the crime is complete and charge-sheet has been submitted. On the other hand, learned APP for the State vehemently opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has surfaced on the confessional statement of the coaccused person and, save and except, the confessional statement there is no material nor the petitioner has been put on Test Identification Parade till date, coupled with the fair antecedent, let the petitioner, named above, be released on bail on furnishing

Patna High Court CR. MISC. No.67822 of 2022(2) dt.27-02-2023 3/3 bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Class, Banka in connection with Suiya P.S. Case No. 139 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) shivank/- U T