Hasan Mansuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25321 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- JALE District- Darbhanga ====================================================== 1.
Hasan Mansuri, S/o Kasim Mansuri @ Md. Kasim, R/o VillageBhawanipur, P.S.-Parihar, Distt- Sitamarhi 2.
Aftab @ Aftab Ansari @ Intaf Ansari, Son of Md. Bechu Ansari, R/o Village-Modhopatti, P.S.- Parihar, Distt.- Sitamarhi ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Jale P.S. Case No.200 of 2024 registered for the offences punishable under Sections 310(2) and 311 of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').
3. Both accused/petitioners are named in the FIR and are in custody since 23.01.2025.
4. Allegation against both petitioners is of committing dacoity and while committing so, looted cash of Rs.45,000/- and golden jewellery form the house of informant along with other accused persons.
Patna High Court CR. MISC. No.25321 of 2025(3) dt.29-07-2025 2/3
5. It is submitted by learned counsel that the name of both petitioners transpired during investigation on the basis of confessional statement of apprehended co-accused, in furtherance of which, no incriminating material appears recovered/surfaced from the possession of the petitioners as to connect them prima facie with present occurrence of dacoity. It is further submitted that both the petitioners were not put on T.I.P. as yet. It is also pointed out that one of reason for implication of these petitioners is their criminal antecedents, as petitioner no.1 found involved in seven criminal cases mostly on the basis of confessional statement like present case, having no evidentiary value and similarly about petitioner no.2, who found involved in three criminal cases, where he is on bail. While concluding argument, it is submitted that investigation of this case is already completed for which, charge-sheet has been submitted and, as such, there is no chances of tampering with the evidence.
6. Learned APP opposed the prayer for grant of bail to the petitioners.
7. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.25321 of 2025(3) dt.29-07-2025 3/3 taking note of fact as save and except confession arising out of confessional statement of co-accused, nothing appears available against both the petitioners as to connect prima facie with present crime in question, coupled with the fact that charge-sheet has already submitted, where both petitioners are in custody since 23.01.2025, accordingly, both petitioners, above-named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Darbhanga in connection with Jale P.S. Case No.200 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T