Tahid Ansari @ Tahir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28764 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Tahid Ansari @ Tahir Ansari Son Of Noor Hasan Ansari R/O Village - Raidhurwa, P.S.- Manuapul, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bettiah (Town) P.S. Case No. 61 of 2023 registered on 28.01.2023 lodged under Sections 399, 401, 413, 414, 420, 467, 468, 120B of the I.P.C.

As per the prosecution case, F.I.R. has been lodged against six named accused persons, against whom allegation has been made by the police that they were planing for a robbery/dacoity and upon a secret information, a raid was conducted by the police in which petitioner, along with other

Patna High Court CR. MISC. No.28764 of 2023(2) dt.07-06-2023 2/3 persons, was apprehended.

Learned counsel for the petitioner submits that from the seizure list it transpires that from the possession of the petitioner the mobile and six keys were recovered. He further submits that the ingredient of the offence under which case has been lodged are not present in the case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 29.01.2023 having four criminal cases pending against him, in which he is on bail in three cases and in one case he has been acquitted. Counsel submits that charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

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 C.J.M., Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 61 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

Patna High Court CR. MISC. No.28764 of 2023(2) dt.07-06-2023 3/3 A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T