Farman Mian @ Farman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15301 of 2021 Arising Out of PS. Case No.-126 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Farman Mian @ Farman Ansari Son of Alijan Mian Resident of VillageTuniya, P.S.- Manuapul, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr. Satyadev Pd. Singh Yadav A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Ram Nagar P.S. Case No. 126 of 2019, registered for the offence under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed the theft of motorcycle of the informant. Petitioner has been remanded in this case on the basis of his confessional statement made before the police in connection with some other case and only material, which has come against the petitioner, is that mobile tower location of the petitioner at that very time was found near the place of occurrence. Petitioner is in custody since 30.09.2020. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.15301 of 2021(2) dt.22-07-2021 2/2 petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional Chief Judicial Magistrate - I, Bagaha, District - West Champaran in connection with Ram Nagar P.S. Case No. 126 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J) anay/- U T