Md. Mintu @ Meraj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29515 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- PHENHARA District- East Champaran ====================================================== MD. MINTU @ MERAJ ANSARI Son of Nasaruddin Ansari @ Nasruddin Resident of Village - Madhuban, P.S. - Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Fenhara P.S. Case No. 82 of 2020 registered for the offence under Sections 394 and 414 of the Indian Penal Code. The case relates to snatching of golden chain and cash of the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner. Moreover, the co-accused, namely, Wahid Ansari @ Guddu, having more of less similar allegation, has already been granted bail by a

Patna High Court CR. MISC. No.29515 of 2021(2) dt.24-11-2021 2/3 co-ordinate Bench of this Court vide order dated 02.07.2021 passed in Cr. Misc. No. 17868 of 2021. The petitioner is rotting in judicial custody since 07.09.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

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 Judicial Magistrate, East Champaran at Motihari in connection with Fenhara P.S. Case No. 82 of 2020 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 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

Patna High Court CR. MISC. No.29515 of 2021(2) dt.24-11-2021 3/3 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) braj/- U T