Saif Ali Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22752 of 2024 Arising Out of PS. Case No.-469 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== SAIF ALI ANSARI SON OF FARMAN MIAN @ FARMAN ANSARI Resident of Village - ChhotaTunia Bishunpur, Ward No.12, P.S. - Manuapul, District - West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kishore Choudhary, Adv.
For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.Tr. 2228 of 2023 arising out of Ramnagar P.S. Case No.469 of 2022 lodged under Sections 379, 401, 413 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of theft of a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by confessional statement of the co-accused and nothing incriminating has been recovered from his possession nor he
2/4 was put on T.I.P.
5. Counsel further submits that the petitioner is in custody since 05.10.2023 having 12 criminal cases pending against him in which he is on bail in all cases.
6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 07.11.2023 passed in Cr. Misc. No. 70869/2023 .
7. Learned counsel for the State opposes the prayer for bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha West Champaran, in connection with S.Tr. 2228 of 2023 arising out of Ramnagar P.S. Case No.469 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
3/4 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Bagaha (Pathkauli) P.S. Case No.680 of 2022. ii. Bagaha P.S. Case No.755 of 2022.
iii. Ramnagar P.S. Case No.473 of 2022.
iv. Ramnagar P.S. Case no.481 of 2022.
v. Ramnagar P.S. Case No.495 of 2022.
vi. Ramnagar P.S. Case No.512 of 2022.
4/4 vii. Ramnagar P.S. Case No.523 of 2022.
viii. Bagaha (Pathkauli) P.S. Case No.621 of 2022. ix. Bagaha (Pathkauli) P.S. Case No.641 of 2022. x. Bagaha (Pathkauli) P.S. Case No.668 of 2022. xi. Bagaha (Pathkauli) P.S. Case No.647 of 2022. xii. Bagaha (Pathkauli) P.S. Case No.742 of 2022. (Dr. Anshuman, J.) Prakashmani/- U T