Firoj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89588 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Firoj Ansari S/o Ali Hussain Ansari @ Alisher Miyan R/o vill - Pokhra Tola, Lagunaha, ward no. 13, P.S.- Chanpatia, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 309(4) and later on added Section 317(3) of Bharatiya Nyay Sanhita.

3. The case of the prosecution is that altogether Rs. 3,90,000/- was looted from the bag of the informant by some unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the FIR rather his name has surfaced in this case on the basis of confessional statement of co-accused namely, Niraj Kumar before the police, which has no evidentiary value in the eye of

Patna High Court CR. MISC. No.89588 of 2024(2) dt.17-01-2025 2/2 law. Neither he has been apprehended on the spot nor anything has been recovered from his conscious possession. Similarly situated other accused persons have already been enlarged on bail by this Court vide order dated 22.11.2024 passed in Cr. Misc. No. 81539 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 17.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chanpatiya P.S. Case No. 162 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bettiah, West Champaran.

(Ashok Kumar Pandey, J) Sudhanshu/- U T