Sakir Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3718 of 2025 Arising Out of PS. Case No.-2 Year-2024 Thana- BADDI District- Rohtas ====================================================== Sakir Ansari S/o Jahir Ansari R/o Village- Sukahi, P.S.- Baddi, DistrictRohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3983 of 2025 Arising Out of PS. Case No.-2 Year-2024 Thana- BADDI District- Rohtas ====================================================== Mustafa Ansari Son of Fakir Mohammad Ansari @ Pir Mohammad @ Pir Mohammad Ansari Resident of Village - Sukuhin, P.S. - Baddi, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 3718 of 2025) For the Petitioner/s :
Mr. Ashish Om, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 3983 of 2025) For the Petitioner/s :
Ms. Ojaswee Kumari, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2025 Heard Mr. Ashish Om and Ms. Ojaswee Kumari representing the petitioners in the two bail applications.
2. The petitioners are in judicial custody in connection with Rohtas (Baddi) P.S. Case No. 02 of 2024 for the offence punishable under sections 191(2), 191(3), 190, 393, 121 (1), 61(2), 125(a), 132, 109, 329(3), 352 of Bhartiya Nyaya Sanhita,
2/6 2023 lodged on 23.08.2024 by the informant, Sagar Kumar Rawat.
3. As per the prosecution story, the informant, the police official posted in Baddi Police Station, Rohtas alleged that on 23.08.2024, the locals along protested with a dead body brought it on the main gate of the Police Station and thereafter started pelting stones/damaging the government vehicle. The efforts of the police official to maintain peace was undone by the accused persons which resulted into injuries to number of police personnel besides damage to the police station and vehicles parked inside the campus. It was with the help of video footage as also the information from the local chaukidar that the FIR was lodged against 96 named persons beside 250 to 300 unknown persons.
4. Learned counsel for the petitioners in both the cases jointly submit that they being the local, upon knowledge, went to the place and as thus got implicated. They had no role to play in the matter. They further submit that irrespective of the outcome of the present case, they intend to pay Rs.10,000/- each (totaling Rs.20,000/-) for the beautification of Baddi Police Station. Further, they intend to visit the Baddi Police Station for a week from 2nd to 8th April, 2025 to clean the
3/6 campus and on 9th April, 2025 shall plant a sapling each in the Police Station, if permitted to do so.
5. Learned APPs in both the cases, Mr. Bharat Bhushan and Mr. Anil Kumar opposes the prayer submitting that it has become the habit of the people to assemble and damage public vehicle once any incident/accident takes places has to pay the price which seriously affects the law and order.
6. Having heard the parties and perusing the records, this Court is in full agreement with the submission of the learned APPs. An unfortunate death/accident takes place; instead of allowing the police officials to do their duties so that the accused is nabbed in time, victim is taken to Hospital, if injured and to Hospital for further process, if dead, locals/accused/criminals assemble with the dead body. This also prevents the family members of the deceased to complete the rituals of consigning the mortal remains to the flames/bury the dead body.
7. In this case, number of police officials were injured, the boundary wall of the Police Station damaged beside stoning the vehicles parked inside. This is certainly not the act of the innocent persons much less the petitioners herein. It is high time that the Police Officials/District Administration fine
4/6 each and every household of the area/locality where such incident takes place. This is the only way to deter them from taking the law in own their hand. This Court reiterates that this criminal act of the hooligans seriously affect law and order beside problems to those moving on vehicles on the road.
8. Having recorded the same, considering that both the petitioners are in judicial custody since 24.08.2024 (Sakir Ansari in Cr. Misc. No. 3718 of 2025) and 02.12.2024 (Mustafa Ansari in Cr. Misc. No. 3983 of 2025) charge-sheet stands submitted, this Court is inclined to extend them the privilege of bail subject to payment of Rs.10,000/- each (Totaling Rs.20,000/-) for the beautification of Baddi Police Station. They shall also be visiting the Police Station for one week to clean the campus on the dates recorded above and at the end of the day (seventh day), they shall be planting saplings inside the campus and the photographs have to be sent by the SHO, Baddi Police Station through Mr. Bharat Bhushan, learned APP thereafter. The dates 2nd to 8th April, 2025 for cleaning the campus and 9th April, 2025 for planting the saplings have already been recorded. If the petitioners fail to visit the Baddi Police Station between 2nd to 9th April, 2025, as recorded above, the S.H.O. shall inform both the Trial Court as also the
5/6 High Court so that appropriate steps for cancellation of their bail bond is/are initiated.
9. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District Judge-IV,Sasaram, Rohtas, in connection with Rohtas (Baddi) P.S. Case No. 02 of 2024, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
6/6 (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
10. List this case under the heading 'To Be Mentioned' on 18.04.2025 to peruse the report submitted by the S.H.O., Baddi Police Station through Mr. Bharat Bhushan, learned APP.
(Rajiv Roy, J) krishnakant/- U T