Sunny Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36260 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- PARSA District- Saran ====================================================== Sunny Ansari S/o Md. Munna Ansari R/o vill - Harpur, Parsa, P.s. - Parsa, Distt. - Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36629 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- PARSA District- Saran ====================================================== Danish Ekbal @ Munna SON OF MD. ABBAS R/O VILLAGE- HARPUR PARSA (MAKHDUMGANJ GHEGHTA), P.S.- PARSA, DIST- Saran AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36260 of 2024) For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Akbar Ali (In CRIMINAL MISCELLANEOUS No. 36629 of 2024) For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Parsa P.S. Case No. 79/2024 lodged on 07.03.2024 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged
2/5 against two unknown accused persons with an allegation that they have surrounded the informant and snatched the Motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that that the name of the petitioner has been figured in this case only and only due to the reason that the antecedent of the petitioners are not clean. The petitioner of first case has 11 antecedents and the petitioner of second case has 12 antecedents. Both the petitioners are in custody since 09.03.2024. Counsel further submits that nothing incriminating has been recovered from the possession of the petitioner. He further submits that by virtue of self confessional statement petitioner no. 1 has been made accused and petitioner no. 2 has been made accused in this case by the virtue of the confessional statement of the co-accused.
5. Learned APP for the State opposes the prayer for bail and submits that at the time of granting bail, the antecedent of the petitioner shall be taken into consideration.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named by granted bail after framing of charge, if the charge is
3/5 not framed yet as well as on being satisfied by the Trial Court that the petitioners are not absconding in any of the cases which are pending against them, are mentioned below and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 9th Saran at Chapra in connection with Parsa P.S. Case No. 79/2024 and subject to the condition laid down under Section 437(3) of the Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and
4/5 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. Pending case of the petitioner of Cr. Misc. No. 36260/2024 are as follow:
• Bheldi P.S. case No. 43/11 • Bheldi P.S. case No. 30/11 • Bheldi P.S. case No. 42/11 • Bheldi P.S. case No. 31/11 • Marauhra P.S. case No. 70/11 • Garkha P.S. Case No. 61/11 • Garkha P.S. Case No. 51/11 • Parsa P.S. Case No. 44/16 • Parsa P.S. Case No. 106/2018 • Parsa P.S. Case No. 198/2018 • Parsa P.S. Case No. 229/2018 Pending case of the petitioner of Cr. Misc. No. 36629/2024 • Parsa P.S. Case No. 45/2018 • Parsa P.S. Case No. 196/2018 • Muffasil P.S. Case No. 316/2018 • Muffasil P.S. Case No. 347/2018
5/5 • Garkha P.S. Case No. 489/2018 • Marhora P.S. Case No. 155/2018 • Parsa P.S. Case No. 51/2018 • Parsa P.S. Case No. 198/2018 • Garkha P.S. Case No. 53/2014 • Parsa P.S. Case No. 77/2018 • Parsa P.S. Case No. 57/2011 • Garkha P.S. Case No. 53/2014 (Dr. Anshuman, J) sunnykr/- U