Sameer Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42616 of 2018 Arising Out of PS.Case No. -559 Year- 2015 Thana -BETTIAH CITY District- WEST CHAMPARAN(BETTIAH) ====================================================== Sameer Ansari, Son of Mobin Ansari, Resident of Village- Jamadar Tola, Police Station- Bettiah Town, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 14.12.2015 in connection with Bettiah Town P.S. Case No.559 of 2015 (Trial No.1715 of 2017) registered for the offence under Sections 25(1b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that only because one of the accused persons, who was arrested in connection with the present case, has disclosed the name of the petitioner before the police that the petitioner has given arms to him, the petitioner is also facing prosecution. It is further submitted that though the petitioner has several criminal antecedents, in most of the cases the petitioner has already been

Patna High Court Cr.Misc. No.42616 of 2018 (2) dt.19-07-2018 2/3 extended the privilege of bail as his name has surfaced on the basis of the confessional statement made before the police, which has no evidentiary value.

Considering the aforementioned facts and circumstances and that the petitioner's name has surfaced in connection with the present case on the basis of the confessional statement and that co-accused Vivek Kumar, who has been caught at the spot, has been granted bail by a Bench of this Court, in Cr.Misc. No.2857 of 2016, vide order dated 30.01.2016, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 6th Bettiah (West Champaran), in connection with Bettiah Town P.S. Case No.559 of 2015 (Trial No.1715 of 2017), subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his

Patna High Court Cr.Misc. No.42616 of 2018 (2) dt.19-07-2018 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate 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. (Anjana Mishra, J) PNM U T