Md. Gulab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89041 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- ARER District- Madhubani ====================================================== Md. Gulab Ansari S/O Md. Riyasat Ansari R/o Vill. - Bhakua, P.S - Khajauli, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Arer P.S. Case No. 83 of 2024 (G.R. No. 721 of 2024) registered on 05.07.2024 for the alleged offences under Section 309(4) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, three masked miscreants entered into the house of the informant and robbed her of gold ornaments about 17 grams, 40 grams of silver ornaments and Rs. 60,000/- cash.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that looted articles were not recovered from the person or possession of this petitioner,

Patna High Court CR. MISC. No.89041 of 2024(2) dt.08-01-2025 2/3 who is having criminal antecedent of six cases and for this reason, he has been made accused in this case. Except for suspicion, there is nothing against the petitioner. Charge-sheet has already been submitted and the petitioner is in custody since 22.07.2024.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner is having a long criminal history and he is accused is similar type of cases.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Benipatti, Madhubani in connection with Arer P.S. Case No. 83 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.89041 of 2024(2) dt.08-01-2025 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T