Intiyaz @ Shahnawaz Hasan @ Shahnawaj Ansari @ Md. Shahnawaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72036 of 2022 Arising Out of PS. Case No.-460 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Intiyaz @ Shahnawaz Hasan @ Shahnawaj Ansari @ Md. Shahnawaj S/o Rustam R/O Village- Rajokhar, Hat Tola, Ward No- 05, P.S- Araria, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Raniganj P.S. Case No. 460 of 2020 registered for the offence under Sections 413 and 414/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 14.09.2022.

The allegation against the petitioner is to have in possession of stolen motorcycle, along with other co-accused persons, where stolen motorcycle was recovered from the house of the co-accused, Rupesh Mandal.

Patna High Court CR. MISC. No.72036 of 2022(2) dt.05-04-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on the spot and his name appears in this case on the basis of disclosure made by main-accused, namely, Rupesh Mandal, from the possession of whom stolen motorcycle was alleged to be recovered. It is submitted that subsequent disclosure, a confessional statement of this petitioner was also recorded, in furtherance of which no incriminating material recovered/surfaced, during the course of investigation, which may connect this petitioner, prima facie, with the present occurrence. It is also submitted that petitioner found involved in four (4) criminal cases, where he is on bail. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as save and except confessional statement/disclosure, nothing incriminating available against this petitioner, which may connect this petitioner with the present allegation as raised through FIR coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be

Patna High Court CR. MISC. No.72036 of 2022(2) dt.05-04-2023 3/3 released on bail in connection with Raniganj P.S. Case No. 460 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisonal Judicial Magistrate, Araria/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T