Farman Mian @ Farman Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13696 of 2021 Arising Out of PS. Case No.-182 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Farman Mian @ Farman Ansari, Son of Alijan Mian, Resident of Village -Tuniya, P.S.- Manuapul, District - West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivjee Singh, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-08-2021 The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Ram Nagar P.S. Case No.182 of 2019 registered for the offence punishable under Section 379 of the Indian Penal Code. Informant's motor-cycle has gone missing while it was parked.
Petitioner's counsel submits that the FIR is against
Patna High Court CR. MISC. No.13696 of 2021(2) dt.11-08-2021 2/3 unknown person. He submits that the petitioner has a shop in front of the Police Station and there is some dispute on that account. The same has led to his arrest in Ram Nagar P.S.Case No.218 of 2019. After recording his confessional statement, he was remanded in 12 cases, including the instant case. Altogether the petitioner has been implicated falsely in 14 cases as mentioned in paragraph 3 of the bail petition. Petitioner has been remanded in this case on 30.09.2020. It is further submitted that there is no recovery of any incriminating material from the petitioner.
Learned APP for the State has opposed the prayer for bail. It is submitted that the petitioners have criminal antecedents.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bagaha, District-West
Patna High Court CR. MISC. No.13696 of 2021(2) dt.11-08-2021 3/3 Champaran, in connection with Ram Nagar P.S. Case No.182 of 2019, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T