Meraj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75084 of 2022 Arising Out of PS. Case No.-462 Year-2021 Thana- BANIAPUR District- Saran ====================================================== Meraj Ansari S/O Mokhtar Ansari R/O Village- Sipaha Khash, P.S.- Manjhagarh, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Baniyapur P.S. Case No. 462 of 2021 registered under section 395 of the Indian Penal Code.

The allegation against the petitioner along with coaccused is to commit dacoity in the house of informant and while committing so, took away the cash of Rs. 92,000/- (Rupees Ninety-two Thousand), jewellery , laptop, mobile and several valuable documents related with bank and title of land. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The

Patna High Court CR. MISC. No.75084 of 2022(2) dt.24-03-2023 2/3 petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of co-accused persons, namely, Brij Kishor Kumar and Shambhu Singh before the police. The allegation against the petitioner is that the looted mobile was recovered from his possession but no TIP has been conducted in respect of this petitioner as well as seized mobile of the informant. Nothing has been recovered from his conscious possession rather the looted article has been recovered from the possession of co-accused, namely, Shambhu Singh. The petitioner has no concern with the alleged offence. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 22.02.2023 in Cr. Misc. No. 66227 of 2022. The petitioner is languishing in judicial custody since 31.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Baniyapur

Patna High Court CR. MISC. No.75084 of 2022(2) dt.24-03-2023 3/3 P.S. Case No. 462 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. XI Saran at Chapra.

(Sunil Kumar Panwar, J) shubham/- U T