Firoz Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78500 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Firoz Ansari Son Of Rinku Ansari Resident Of Village- Ishmailpur, Police Station- Buxar (M), District- Buxar 2.
Modi Ansari Son Of Rinku Ansari Resident Of Village- Ishmailpur, Police Station- Buxar (M), District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
3. As per allegation in the F.I.R., brother and father of informant had gone to Bhabhua and Sister-in-law of the informant was alone in his house. She went to her nanad's house after handing over the keys of the house to Sahdiya @ Nati. On 06.04.2022, the informant was informed that the lock of his house has been broken and articles worth Rs. 45 lakhs and cash of Rs. 40 lakhs has been stolen.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.78500 of 2023(2) dt.06-12-2023 2/2 committed no offence. The petitioners are not named in the F.I.R. They have been falsely implicated in this case due personal enmity with family of the informant. In fact, no suspicion has been raised against them by the informant even in his restatement and only on the basis of a secret informant they were apprehended. Nothing has been recovered from their conscious possession. There is no consistent evidence against these petitioners. This case is traible by the court of learned Judicial Magistrate. Petitioners are languishing in judicial custody since 09.07.2023.
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 petitioners on bail after framing of charge. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Muffasil P.S. Case No.170 of 2023.
(Sunil Kumar Panwar, J) lata/- U T