Md. Ismile Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30091 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Md. Ismile Ansari S/O Md. Shabuddin Ansari @ Md. Shabudin R/O Maula Nagar, P.s.- Wazirganj, Dist.- Gaya.

2.

Md. Parvej Ansari S/O Farukh Ansari @ Md. Farook R/O Maula Nagar, P.S.- Wazirganj, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Satya Kirti, Advocate Mr. Abhas Chandra, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-07-2025 Heard learned counsels for the petitioners and learned Additional Public Prosecutor for the state.

2. Learned counsel for the petitioners is directed to make necessary corrections in para 12 of the bail application during course of the day.

3. The petitioners seek bail in a case registered for the offences punishable under Sections 317(5), 318(4), 338, 336(3), 340(2) and 3(5) of B.N.S.

4. As per the prosecution case, during the vehicle check, two persons were seen coming on motorcycle and on seeing the police party they tried to flee, however, they were chased and apprehended and disclosed their name as Md. Ismile Ansari (Petitioner No.1) and Md. Parvej Ansari (Petitioner

Patna High Court CR. MISC. No.30091 of 2025(3) dt.15-07-2025 2/3 No.2) It is further alleged that the police demanded documents related to the said motorcycle, they could not show the same and it was further inquired and found that the motorcycle was a stolen one.

5. Learned counsel for the petitioners submits that they have falsely been implicated in this case and no such recovery as alleged has been made from his conscious possession. It is further submitted that no independent witness is there to such seizure raising serious suspicion on the seizure list. It is next submitted that the petitioners carry clean antecedent and are in custody since 12.02.2025.

6. Learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that petitioners were found with a stolen motorcycle.

7. Considering the aforesaid submissions, let the petitioners above named, be released on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No. 118 of 2025, subject to the the following conditions:- (i) One of the bailors of the petitioners shall be their

Patna High Court CR. MISC. No.30091 of 2025(3) dt.15-07-2025 3/3 close relative.

(ii) The petitioners shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two 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. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) Siwani/- U T