Saif Ali Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12009 of 2024 Arising Out of PS. Case No.-481 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Saif Ali Ansari S/O Farman Mian R/O Village- Chhota Tunia Bishunpur, Ward No.12, P.S.- Manuapul, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anand Kishore Choudhary, Advocate For the State :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ramnagar P.S. Case No. 481 of 2022, Trial No. 2230 of 2023 instituted for the offence under Sections 379, 401, 413/34 of the Indian Penal Code.

3.

As per prosecution case, informant has parked his motorcycle near Chhathiya Ghat, but when he returned he did not find his motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-02-2023. Petitioner bears twelve criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.12009 of 2024(2) dt.27-02-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case due to confessional statement of coaccused, namely, Dilip Kumar, and the same has no evidentiary value. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 19-10-2023, passed in Cr. Misc. No. 68446 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramnagar P.S. Case No. 481 of 2022 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.12009 of 2024(2) dt.27-02-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T