Salauddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12897 of 2024 Arising Out of PS. Case No.-642 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Salauddin Ansari (M) aged about 24 years, S/o Yasin Ansari @ Asim Ansari R/o Bahadurpur, ward no. 13, P.S. - Kundwa Chainpur, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Dhaka P.S. Case No. 642 of 2023 registered for an offence punishable under Sections 384, 386, 387 and 120(B)/34 of the IPC.
3. As per prosecution case, it is a case of demand of ransom money from the informant by the accused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner is not demanded any ransom money from the informant and he is in judicial custody since 30.11.2023.
5. Learned APP for the State opposes the prayer for regular bail of the petitioner.
6. On perusal of the first information report and the
Patna High Court CR. MISC. No.12897 of 2024(2) dt.29-02-2024 2/2 impugned order dated 08.01.2024, it appears that the FIR was lodged after nine days of the alleged occurrence and no delivery of property at the instance of demanding extortion money and no any direct or indirect evidence to reflect from the order of the trial Court, in these circumstances, prayer for bail of the petitioner is allowed. Let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Sikrahana at Dhaka in connection with Dhaka P.S. Case no. 642 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T