Aslam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51449 of 2016 Arising Out of PS.Case No. -235 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Aslam Ansari, Son of Payaru Ansari @ Gyaru Ansari, resident of Mohalla - Mani Nagar, Jakhi Bigha, Dehri, P.S. Dehri, District - Rohtas .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.
Petitioner is languishing in custody since 05.08.2016 in connection with Dehri (Town) P.S.Case No.235 of 2016 for offence alleged under Sections 457 and 380 of the IPC. The prosecution case as lodged by the informant is that some unknown miscreants entered into his house and took away five bags of clothes, three mobiles and a gas cylinder. It has been submitted by the learned counsel for the petitioner that he is not named in the FIR and he has falsely been implicated in the aforesaid case. It is further submitted that no test identification parade has been done so far and it is only on the basis of his confessional statement that the mobiles have been
Patna High Court Cr.Misc. No.51449 of 2016 (2) dt.05-12-2016 2/2 recovered from his possession. It has further been submitted that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail.
Be that as it may, since chargesheet has already been submitted, 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 SDJM, Dehri, District-Rohtas in connection with Dehri (Town) P.S.Case No.235 of 2016.
It is further made clear that this direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.
In terms of the above observations and directions, this bail application stands allowed.
(Nilu Agrawal, J) B.Kr./- U T