Saif Ali Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12894 of 2024 Arising Out of PS. Case No.-522 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Saif Ali Ansari 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, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Ramnagar P.S Case No. 522 of 2022 registered for the offences punishable under Sections 379, 401, 413/34 of Indian Penal Code.

3. As per prosecution case, It is a case of theft of a motorcycle of the informant by the accused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that one of the co-accused is already

Patna High Court CR. MISC. No.12894 of 2024(2) dt.28-02-2024 2/3 granted bail by the Co-ordinate Bench of this Court vide order dated 06.11.2023 passed in Cr. Misc. No. 70490 of 2023. It is also submitted that petitioner is in judicial custody since 09.02.2023..

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Bagaha, West Chmparan in connection with Ramnagar P.S Case No. 522 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-

Patna High Court CR. MISC. No.12894 of 2024(2) dt.28-02-2024 3/3 sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T