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Jikrullah Ansari @Jikrulla Ansari v. the State of Bihar

Patna HC15 Nov 2022CR. MISC./39084/2022

Case brief

AI extract

What is this about?

In a criminal bail application arising from a snatch case, the Patna High Court granted bail to the petitioner. The court noted the recovery of a motorcycle from the petitioner's possession despite him not being initially named in the FIR and the submission of a charge sheet.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.

Jikrullah Ansari @Jikrulla Ansari Vs the State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39084 of 2022

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Arising Out of PS. Case No.-141 Year-2022 Thana- TURKAULIYA District- East

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Champaran

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======================================================

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JIKRULLAH ANSARI @JIKRULLA ANSARI S/O NABIJAN ANSARI Resident of Village- Chailaha Mauje, P.S.- Banjariya, District- East Champaran at Motihari.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar For the Opposite Party/s : Mr.Arun Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 15-11-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 141 of 2022 registered for the offences punishable under Section 392 of the Indian Penal Code.

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As per prosecution case, informant’s motorcycle was snatched by two unknown persons and the informant claims to identify the miscreants.

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Learned counsel for the petitioner submits that petitioner is not named in the FIR and during course of

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Patna High Court CR. MISC. No.39084 of 2022(2) dt.15-11-2022 2/3

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investigation said motorcycle was recovered from possession of the petitioner. Petitioner is in custody since 18.02.2022 and bears criminal antecedent of two cases. He further submits that recovery of alleged motorcycle from possession of the petitioner is just a trap by the police. Petitioner is quite innocent and has falsely been implicated in this case. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner by stating that motorcycle in question was recovered from possession of the petitioner.

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Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 141 of 2022, G.R. Case No. 763/2022, subject to following

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Patna High Court CR. MISC. No.39084 of 2022(2) dt.15-11-2022 3/3

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conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Jikrullah Ansari @Jikrulla Ansari v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Jikrullah Ansari @Jikrulla Ansari v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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