Hasan Mansuri @ Hasan Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27066 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- JALE District- Darbhanga ====================================================== 1.
Hasan Mansuri @ Hasan Nadaf S/o- Kasim Mansuri @ Md. Kasim VillageBhawanipur Ps- Parihar Dist- Sitamarhi 2.
Aftab @ Intaf Ansari S/o- Md. Bechu Ansari Village- Madhopatti PsParihar Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in connection with Jalle P.S. Case No. 222 of 2024, registered for the offences under Sections 310(2)/311 of the B.N.S.
3. As per the prosecution case, a dacoity was committed in the dwelling house of the informant and the dacoits took away cash, ornaments and other household articles from the looted house. The name of the petitioners transpired during investigation for being involved in the dacoity.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have
Patna High Court CR. MISC. No.27066 of 2025(2) dt.06-05-2025 2/3 been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of the petitioners who have been made accused in this case on the basis of confessional statement of one Istiyaq Nadaf and whatever recovery was made in the case was at the instance of the co-accused and not at the instance of the petitioners. The petitioners have not been put to any Test Identification Parade. Even in the confessional statement, the allegation of overt act is against other co-accused persons and not these petitioners. There is no specific allegation against the petitioners. Learned counsel further submits that in fact the petitioners have no connection with the co-accused persons but they have been falsely implicated in different cases by the police. Petitioner no. 1 Hasan Mansuri @ Hasan Nadaf has criminal antecedent of seven cases and petitioner no. 2 Aftab @ Intaf Ansari is having antecedent of three cases. The petitioners are in custody since 23.11.2024 and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioners and
Patna High Court CR. MISC. No.27066 of 2025(2) dt.06-05-2025 3/3 also considering submission of charge sheet and period of custody of the petitioners, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Darbhanga/concerned court, in connection with Jalle P.S. Case No. 222 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T