Rustam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29749 of 2019 Arising Out of PS. Case No.-1085 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== RUSTAM ANSARI S/o Sagir Hussain @ Sagir Ansari R/o Mohalla- Gariwan Toli, Kalibag, Ward No.- 12, P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Anis Akhtar, Advocate For the Opposite Party :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Bettiah Town (Kalibag O.P.) P. S. Case No. 1085 of 2018 registered under Sections 387/120B of the Indian Penal Code. Learned counsel for the petitioner submitted that there is an inordinate and unexplained delay of four days in institution of the FIR. The petitioner has no concern with mobile no. 9572381103 and has never demanded any extortion from the informant of this case and the informant being a resident of the same locality is known to the petitioner from before and recognizes his voice. The police have apprehended him out of suspicion and hypothetical presumption in connection with a

Patna High Court CR. MISC. No.29749 of 2019(2) dt.22-05-2019 2/3 case. He is in custody in the instant case since 17.01.2019 after being remanded from another case.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Considering the submissions made above and the the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Town (Kalibag O.P.) P. S. Case No. 1085 of 2018 (G.R. No. 5732 of 2018), subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case

Patna High Court CR. MISC. No.29749 of 2019(2) dt.22-05-2019 3/3 so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) kanchan/- U T