Munna Ansari @ Munna Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79143 of 2023 Arising Out of PS. Case No.-530 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Munna Ansari @ Munna Mian S/O Majid Miya R/O Village- Kailash Nagar, P.S- Bagaha (Patkhauli), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has 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 FIR, on 26.07.2023 in the night the informant heard the sound of breaking of Almirah. While he woke up, he saw Vishal Kumar and petitioner fleeing away by jumping boundary of his house with stolen articles like fan, bucket as well as Rs. 6,000/- kept in almirah. It is further alleged that window of his neighbor Jhunna Lal was also found broken and jwellery, utensils, gas cylender, fan, T.V. etc. have been stolen from the house.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.79143 of 2023(2) dt.07-12-2023 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither any stolen article was recovered from his possession nor he was arrested from the place of occurrence. Some alleged stolen articles were recovered from the house of co-accused but same were not put on T.I.P. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner himself surrendered before the court below on 03.08.2023 and since then he is languishing in judicial custody.

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. 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 A.C.J.M 1st, Bagaha, West Champaran in connection with Bagaha (Patkhauli) P.S. Case No.530 of 2023.

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