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Patna High CourtCR. MISC./86149/2023allowed

Hasrat Ali Ansari v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86149 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Hasrat Ali Ansari S/o Late Alim Ansari Vill.-Bahuwara Kadir, Ps.- Barharia, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 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 420, 406, 467, 468, 471 of the Indian Penal Code.

3. As per prosecution case, the accused person namely Vinod Kumar was caught along with Rs. 3,00,000/- who was involved in Hawala transaction and the police has stated that the petitioner was also involved in the same.

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 has no concern with the alleged occurrence. The name of the petitioner has come into light, on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.86149 of 2023(2) dt.11-01-2024 2/2 Vinod Kumar, which has got no evidentiary value in the eyes of law. He submitted that no money has been recovered from the conscious possession of the petitioner. He further submitted that the others co-accused have already been granted bail by this Bench vide order dated 06.12.2023 passed in Cr. Misc. No. 78413 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.08.2023.

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. 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 Chief Judicial Magistrate, Gopalganj in connection with Cyber P.S. Case No. 12 of 2023. (Sunil Kumar Panwar, J) Arish/- U T