Saif Ali Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12070 of 2024 Arising Out of PS. Case No.-523 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Saif Ali Ansari, Male, aged about 32 years, Son of Farman Mian, Resident of Village-Chhota Tunia Bishunpur, Ward No. 12, Police Station -Manuapul, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ramnagar PS Case No. 523 of 2022 instituted for the offences punishable under Sections 379, 401, 413/34 of the Indian Penal Code.
3. As per the prosecution case, it is a case of theft of motorcycle of the informant by the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is neither named in the FIR nor any incriminating articles have been recovered from the conscious possession of the petitioner and he has not
Patna High Court CR. MISC. No.12070 of 2024(2) dt.05-03-2024 2/3 been put on Test Identification Parade. He has been made accused only on the basis of confessional statement of other coaccused namely, Dilip Kumar. Petitioner is in custody since 09.02.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and impugned order of the learned Additional Sessions Judge-1st Bagaha, West Champaran dated 19.09.2023, it appears that the name of the petitioner surfaced from the confessional statement of coaccused namely, Dilip Kumar and similarly situated other coaccused person namely, Kanhaiya Mahto has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 68590 of 2023 vide order dated 19.10.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned S.D.J.M., Bagaha, West Champaran in connection with Ramnagar PS Case No. 523 of 2022, subject to the following conditions:- (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.12070 of 2024(2) dt.05-03-2024 3/3 (ii) the petitioner 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 os his bail bonds by the trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Ramesh Chand Malviya, J) Anand Kr.
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