Rikki @ Md. Rikki @ Rikki Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10916 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== RIKKI @ MD. RIKKI @ RIKKI ANSARI S/O Late Ali Raja R/O Loot Mohalla, Ward N o. 29 Line Bazar Muzaffar Ahmad Nagar, P.S- K. Hat ( Sahayak), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with K. Hat (Sahayak) P.S. Case No. 22 of 2022 dated 27.01.2022 registered for the offence under Sections 356, 379 and 411 (later on added) of the Indian Penal Code and Section. Two unidentified miscreants are alleged to have snatched the mobile of the informant while he was talking on his mobile.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his

Patna High Court CR. MISC. No.10916 of 2023(2) dt.05-05-2023 2/3 name transpired in this case on the basis of CDR of the looted mobile phone and the same was recovered from the possession of the petitioner. He further submits that no T.I.P. has been conducted by the prosecution till date. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 20.09.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 22 of 2022 with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.10916 of 2023(2) dt.05-05-2023 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T