Javed Ansari @ Jhunna Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46008 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Javed Ansari @ Jhunna Ansari S/o Late Suman Ansari @ Suman Mian @ Subham Ansari R/o vill - Kurwa Mathiya Tola, Pakadihar, P.S. - Kumarbagh, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bharti Rai, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Chanpatiya (Kumarbagh O.P) P.S Case No. 28 of 2024 registered for the offences punishable under Sections 379 of the I.P.C. and later on added Section 411 of the I.P.C.
3. As per allegation in the FIR, it is a case of recovery of total 51.550 gm of copper wire from the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.46008 of 2024(2) dt.15-07-2024 2/3 petitioner. It is next submitted that petitioner has no criminal antecedent as stated in paragraph 3 of the application and he is in judicial custody since 21.01.2024. Similarly, situated co-accused person has already been granted bail by this Court in Cr. Misc. No. 30543 of 2024 vide order dated 25.04.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, West Champaran, Bettiah in connection with Chanpatiya (Kumarbagh O.P) P.S Case No. 28 of 2024.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet
Patna High Court CR. MISC. No.46008 of 2024(2) dt.15-07-2024 3/3 has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. Further, Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial.
(Ramesh Chand Malviya, J) saurabhkr/- U T