Md Gulab Ansari vs State Of Bihar

Heard Mr. Bimal Kumar, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Babubarhi PS Case No.15 of 2020 dated 20.01.2020, instituted under Sections 379, 307 of the Indian

Penal Code and 27 of the Arms Act, 1959.

The allegation against the petitioner, though not named in the FIR, is that he was party to the looting of the motorcycle and bag in which there was a

mobile phone and cash Rs.5020/-

Learned counsel for the petitioner submitted that he has been falsely implicated only on the confessional statement of the co-accused and later the

police have also forced confession from him. It was submitted that there has been no recovery from him as also no Test Identification Parade.

Learned counsel submitted that the petitioner is in custody in the present case since 02.05.2020 though having two other criminal cases against him

under Section 379 of the Indian Penal Code.

Learned APP submitted that co-accused and petitioner have confessed to being party to the crime.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail

upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial

Magistrate, Madhubani, in Babubarhi PS Case No.15 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two

consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.