Farman Mian @ Farman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17145 of 2021 Arising Out of PS. Case No.-203 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== FARMAN MIAN @ FARMAN ANSARI Son of Late 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 For the Opposite Party/s :

Mr.Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Ram Nagar P.S. Case No. 203 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of motorcycle of informant. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on his own confession before the police. The only material that has come against this petitioner is that tower location of mobile of petitioner was found near the place of occurrence. No looted

Patna High Court CR. MISC. No.17145 of 2021(2) dt.06-07-2021 2/2 article has been recovered from possession of this petitioner and he has not been put on Test Identification Parade till date. Petitioner was arrested in Ram Nagar PS Case No. 165 of 2019 on 28.09.2020 and has been remanded in this case on 30.09.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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, West Champaran in connection with Ram Nagar P.S. Case No. 203 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T