Ajaj Ansari @ Azad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74224 of 2023 Arising Out of PS. Case No.-351 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Ajaj Ansari @ Azad Ansari Son Of Nurul Hoda Ansari Village- Amaithiya PsYogapatti Dist- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 412, 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 8/20(b) (ii)(c) and 23 of the N.D.P.S. Act.

3. The allegation against the petitioner is that from his possession a stolen mobile has been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot and he has no concern with the seized narcotics substance. The name of the petitioner has come into light on the basis of confessional statement of co-accused Ramashish Kumar, which

Patna High Court CR. MISC. No.74224 of 2023(3) dt.24-01-2024 2/2 has got no evidentiary value in the eyes of law. He submitted that the as alleged mobile, which said to be recovered from the possession of petitioner is not stolen one and the same belongs to the petitioner. No incriminating articles have been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. and Section 50 of the N.D.P.S. Act have not been followed in this case. He is languishing in judicial custody since 29.07.2023.

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 petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, West Champaran, Bettiah in connection with Yogapatti P.S. Case No. 351 of 2023. (Sunil Kumar Panwar, J) Arish/- U