Sahbaz Ansari @ Sonu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19164 of 2018 Arising Out of PS.Case No. -633 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Sahbaz Ansari @ Sonu Ansari, S/o Late Anamul Haque Ansari, R/o Mohalla- Shekha Ka Roza Mogalpura, P.S.- Khajekala, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 27.11.2017 in connection with Nawada Town P.S. Case No.633 of 2017 registered for the offence under Sections 397, 398 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that admittedly, no one has been named in the F.I.R., but subsequently, on the basis of the video footage, the villagers have stated that it appears to be the present petitioner and on the said basis, he has been taken into custody. Learned counsel for the petitioner further submits that on the basis of such confessional statement, the petitioner is being prosecuted and on

Patna High Court Cr.Misc. No.19164 of 2018 (3) dt.02-05-2018 2/3 his arrest, he was placed before the court after two days. It is further submitted that the petitioner has been taken into custody on mere suspicion and till date, he has not been placed on T.I. Parade.

Diary in the present case was called for, which has since been received.

Learned counsel for the State submits that save and except the said confessional statement and the video footage, which appears to be that of the petitioner, there is no further material in the case diary.

In view of the aforementioned facts and circumstances and that the petitioner is having two other criminal antecedents, one of that of love marriage of himself with his present wife, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No.633 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any

Patna High Court Cr.Misc. No.19164 of 2018 (3) dt.02-05-2018 3/3 similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T