Hassan Mansuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22134 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- JALE District- Darbhanga ====================================================== 1.
Hassan Mansuri Son of Kasim Mansuri @ Md. Kasim Resident of Village - Bhawanipur, P.S.- Parihar, Distt.- Sitamarhi. 2.
Aftab @ Intaf Ansari @ Aftab Ansari Son of Md. Bechu Ansari Resident of Village - Madhopatti, P.S.- Parihar, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seeks bail in connection with Jale P.S. Case No. 201 of 2024 instituted for the offences under Sections 331(4), 305 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that unknown thieves committed theft at the informant's house on the night of 26.10.2024 by breaking the main gate lock. Upon returning from Siliguri, the informant found household items scattered and cash, silver coins and lamps missing.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.22134 of 2025(3) dt.23-07-2025 2/3 Petitioners are not named in the F.I.R. The names of the petitioners transpired in this case on the basis of disclosure made by the co-accused Ishtiyaq Nadaf. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern with the theft articles. It has been submitted on behalf of the petitioners that the petitioners are in custody since 23.01.2025. Petitioner no. 1 has seven criminal antecedents whereas petitioner no. 2 has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jale P.S. Case No. 201 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.22134 of 2025(3) dt.23-07-2025 3/3 the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T