Md. Samim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35997 of 2017 Arising Out of PS.Case No. -791 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Samim Ansari, son of Md. Asraf Ansari, resident of Village- Rampur Ward No.1, P.S.- Farbisganj, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gopal Kumar Jha, Advocate. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 21.11.2016, has renewed his prayer for bail in connection with Araria P.S. Case No. 791 of 2016, G.R. No. 3898 of 2016 having earlier been rejected by order dated 06.04.2017 in Criminal Miscellaneous No. 16648 of 2017.

3. It is reiterated that the petitioner has been falsely implicated in connection with recovery of a motorcycle on which he had merely taken a lift from an unknown person and the petitioner had no concern with the same.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 21.11.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Araria in connection with Araria P.S. Case No. 791 of 2016, G.R. No. 3898 of

Patna High Court Cr.Misc. No.35997 of 2017 (2) dt.02-08-2017 2/2 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T